Dividing property is one of the most important—and often stressful—parts of any divorce. Many people assume everything is split 50/50, but Florida law is more nuanced.
If you’re asking “who gets the house in a divorce in Florida?” or trying to understand divorce property division in Florida, the answer depends on several factors under the state’s equitable distribution laws.
At Fisher Family Law & Mediation, Christy Fisher, Esq., a trusted mediator and family law attorney in Melbourne, Florida, helps individuals and families navigate the division of assets in Brevard County with clarity, fairness, and a focus on long-term stability.
What Is Equitable Distribution in Florida?
Florida follows a legal principle called equitable distribution, which means marital assets and debts are divided fairly—but not necessarily equally.
What does equitable distribution mean in a Florida divorce?
Equitable distribution means the court divides marital property in a way that is fair based on the circumstances of the case. While this often results in a roughly equal split, the court can adjust distribution based on specific factors.
Florida law governing equitable distribution can be found here:
👉 https://www.flsenate.gov/Laws/Statutes/2025/61.075
What Counts as Marital Property?
Before property can be divided, it must first be classified as either marital or non-marital.
What is considered marital property in Florida?
Marital property generally includes:
- Income earned during the marriage
- Real estate purchased during the marriage
- Retirement accounts and pensions earned during the marriage
- Joint bank accounts
- Vehicles and personal property acquired during the marriage
What is non-marital property?
Non-marital property typically includes:
- Assets owned before the marriage
- Inheritances received by one spouse
- Gifts given specifically to one spouse
- Certain personal injury awards
However, classification can become complex—especially when assets are mixed or commingled. A knowledgeable family law attorney in Brevard County can help properly identify and protect your interests.
How Does a Court Decide Who Gets What?
How is property divided in a Florida divorce?
Florida courts start with the assumption of equal division but may adjust based on several factors, including:
- Each spouse’s contributions to the marriage, financial and non-financial
- Economic circumstances of each party
- Duration of the marriage
- Contributions to a spouse’s education or career
- Responsibility for children
- Intentional dissipation or waste of assets
For a full breakdown of these factors, you can review Florida’s statute:
👉 https://www.flsenate.gov/Laws/Statutes/2025/61.075
Who Gets the House in a Divorce in Florida?
There is no automatic rule. The marital home may be:
- Awarded to one spouse
- Sold and proceeds divided
- Offset with other assets
Courts often consider:
- Whether minor children are involved
- Which parent will have primary time-sharing
- Financial ability to maintain the home
In many cases, parents choose solutions that prioritize stability for their children—something family mediation can help facilitate.
How Are Debts Divided in Florida Divorce?
Just like assets, marital debts are divided equitably.
This can include:
- Credit card debt
- Mortgages
- Car loans
- Medical bills
Even if a debt is in one spouse’s name, it may still be considered marital if incurred during the marriage.
Can You Avoid Court When Dividing Property?
Yes—and in many cases, it is the preferred approach.
Through divorce mediation in Brevard County, couples can:
- Decide how to divide assets themselves
- Create customized agreements
- Avoid costly and time-consuming litigation
At Fisher Family Law & Mediation, the focus is on helping families reach agreements that are both fair and practical—without unnecessary courtroom conflict.
Learn more about mediation here:
👉 https://fisherfamilylawandmediation.com/
What Happens to Retirement Accounts and Pensions?
Are retirement accounts divided in a Florida divorce?
Yes. Retirement accounts earned during the marriage are typically considered marital property.
Dividing these accounts may require a Qualified Domestic Relations Order, or QDRO, which allows funds to be transferred without penalties.
An experienced divorce attorney in Melbourne, FL can help ensure these assets are handled properly.
What If One Spouse Hid Assets?
Florida law requires full financial disclosure.
If a spouse is found to have hidden or intentionally wasted assets, the court may:
- Award a larger share to the other spouse
- Impose penalties
- Adjust the overall distribution
Working with a skilled family law attorney in Brevard County helps ensure transparency and protects your financial interests.
Why Mediation Often Leads to Better Property Division Outcomes
Property division can quickly become contentious—but it doesn’t have to.
Christy Fisher, Esq., founder of Fisher Family Law & Mediation, has more than 20 years of experience handling complex family law matters and helping clients reach thoughtful, lasting agreements.
Through mediation, clients can:
- Maintain control over decisions
- Reduce emotional conflict
- Create flexible solutions
- Preserve financial resources
This resolution-focused approach often leads to better long-term outcomes than litigation.
Key Takeaways: Property Division in Florida Divorce
- Florida uses equitable distribution, not automatic 50/50 division
- Marital assets and debts are divided fairly based on specific factors
- The marital home may be handled in several ways depending on the situation
- Retirement accounts and debts are also subject to division
- Mediation allows couples to resolve property division without court
- Working with a family law attorney in Melbourne, FL helps ensure your rights are protected
Get Help With Property Division in Brevard County
If you are navigating property division in a Florida divorce or wondering who gets the house in a divorce in Florida, you don’t have to handle it alone.
Fisher Family Law & Mediation is a trusted family law firm in Melbourne, Florida, helping clients throughout Palm Bay, Titusville, Viera, Cocoa, Cape Canaveral, and all of Brevard County resolve complex divorce issues with clarity and confidence.
📍 Fisher Family Law & Mediation
3020 West New Haven Avenue
Melbourne, FL 32904
📞 Call: 321-252-2734
🌐 Visit: https://fisherfamilylawandmediation.com/
Schedule a consultation today to speak with an experienced family law attorney and divorce mediator in Brevard County and take the next step toward a fair and practical resolution.
