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You And Your Family
Trusted Advice For
You And Your Family

What factors affect property division?

Dividing your property in a divorce is not an easy process, and it often ends in having to ask the court to make some decisions. When the court divides property, it must follow Florida law.

According to the Florida Statutes, the court always starts with the mindset that you and your spouse have an equal right to all marital property. Equal does not mean 50/50, and the court has factors it considers to help it make final decisions.


The court will look at how much you each contributed to the family. This is not just financial contributions but also care of the house and children. It will consider how much you both gave to enhance your lifestyle and household.

It also looks at how you helped each other with your careers. For example, if you worked while your spouse earned a degree and then stayed home after he or she entered the workforce, then the court will consider your contributions to the household income as well.

Other factors

The court considers the length of your marriage and the preferences you each have towards certain assets, such as your home. It will look at your financial situations after the divorce, including support payments and your abilities to secure new assets. For example, if you will struggle more financially after the divorce because you have to secure employment, the court may weigh this heavily when deciding how to divide property.


Finally, the court will consider anything it feels is relevant to the overall equality in dividing the property. The court has a lot of discretion in this and can use anything it wants to help it make decisions.

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