Dividing the Assets in Divorce: What You Need to Know About Who Gets What
1. When is the “cut-off” date for determining what's marital and what's not?
Great question—and a critical one. Under Florida law, the cut-off date for classifying assets and debts as marital is whichever comes first:
- The date you and your spouse sign a valid separation agreement;
- A date specified in such an agreement;
- Or the date one of you files for divorce.
Translation? No, your ex can't rack up credit card debt after filing and claim it's your problem too.
2. How is the value of marital assets determined?
This is where the judge gets a little wiggle room. The court decides the valuation date based on what's “just and equitable.” That means:
- Some assets might be valued at the time of separation;
- Others at the time of trial;
- It all depends on the type of asset and each party's circumstances.
For example: A house may be valued at the date of filing, but a business may be appraised closer to the trial date if it's been actively managed and changed in value.
3. What if I don't know whether something is marital or not?
Florida starts with a big presumption: If it was acquired during the marriage, it's marital.
But you can challenge that by showing clear evidence that:
- It came from a nonmarital source (inheritance, gift from family, premarital asset);
- It remained separate and wasn't commingled with marital funds.
Important note: Just because something has your name on it doesn't automatically mean it's yours. Titles don't control—evidence does.
4. Can we split up our assets without discussing alimony first?
Yes! Courts determine equitable distribution first and only then consider alimony.
Why? Because the court needs to know what each party is walking away with before deciding if one spouse needs additional financial support.
So don't worry—splitting assets comes before any talk of alimony checks.
5. What if we can't divide an asset equally? Can one of us just pay the other?
Absolutely. Florida law allows the court to award a lump sum payment or installments in place of physical division. Think of it as one spouse buying the other out.
If you're the one getting payments:
- The judge may order interest or security (like a lien on property);
- The court can also enforce that payment like any other money judgment under Florida law.
6. What happened to “special equity”?
It's gone. Florida officially abolished special equity claims.
What does that mean? If you believe you contributed more or increased the value of an asset, your claim now falls into one of two categories:
- A request for unequal distribution (based on fairness factors in the statute);
- Or a claim of enhancement of nonmarital property (like improving your spouse's premarital home with marital funds).
No more fancy labels. It's all about making the numbers—and the outcome—fair.
