Family Law · Jeff T. Gorman Law Offices

Florida Property Division Attorney
Marital vs. Non-Marital.
Equitable vs. Equal. The Details Matter.

Florida’s equitable distribution law requires identifying, characterizing, and accurately valuing every marital asset and liability — from the family home to retirement accounts, business interests, and investment portfolios. The difference between marital and non-marital property, and how the court values complex assets, can mean hundreds of thousands of dollars in outcome. Joseph Grant handles complex property division throughout the Treasure Coast with precision.

Free Consultation Call (772) 888-8888
Divorce Filed? Property Division Strategy Begins at the First Filing — Call (772) 888-8888
Joseph Grant
Joseph Grant
Attorney at Law · FL Bar #97315
13+
Years Florida Family Law
2023
SB 1416 & HB 1301 Reform Expert
4.9★
Google Rating · 260+ Reviews
“Family law cases are some of the most important decisions of your life. You deserve an attorney who treats them that way — and is actually available when you need them.”
Where Property Division Cases Are Won and Lost
●Characterization disputes — whether an asset is marital or non-marital — often turn on commingling and how assets were treated during the marriage
●Business valuation disputes where experts produce dramatically different numbers depending on methodology and assumptions
●Hidden or undervalued assets that one spouse fails to disclose fully in financial discovery
●Retirement account division errors that produce unexpected tax consequences if the QDRO is not drafted correctly
●Dissipation of marital assets — one spouse spending down marital property during the divorce process

What the Evidence Shows —
and Where It Can Be Challenged

Property division in a Florida divorce is not simply splitting a list of assets down the middle. It requires identifying every marital asset and liability, characterizing each as marital or non-marital, and accurately valuing complex assets including real estate, retirement accounts, business interests, and investment portfolios. The characterization and valuation decisions made during property division can have financial consequences that last for decades.

The Treasure Coast presents specific property division considerations: significant real estate holdings in Martin and St. Lucie Counties, waterfront properties with complex appraisal requirements, business interests across the region’s commercial economy, and retirement assets accumulated in careers that often spanned before, during, and after the marriage. Joseph Grant brings 13+ years of Florida family law experience to these cases, with the financial analysis skills and the litigation readiness that complex property division demands.

⚖️ Florida Equitable Distribution Law
Florida Statute §61.075 governs equitable distribution of marital assets and liabilities. Key provisions: Marital assets: all assets acquired during the marriage by either spouse, regardless of title; enhancement in value of non-marital assets through marital labor or funds. Non-marital assets: pre-marital assets, gifts and inheritances from third parties, assets excluded by prenuptial agreement. Commingling: non-marital assets mixed with marital assets may become partially or fully marital. Valuation date: generally the date of filing or the date of trial. Dissipation: intentional waste or depletion of marital assets can result in an unequal distribution in the other spouse’s favor. QDRO: required to divide 401(k) and pension accounts without tax penalty.
Florida Statute §61.075 (Equitable Distribution) · Florida Statute §61.076 (Marital Home) · 26 U.S.C. §414(p) (Qualified Domestic Relations Orders)

How We Fight This Charge

Asset Identification
We conduct thorough financial discovery — tax returns, bank statements, business financials, retirement account statements, property records — to identify every marital asset, including those not voluntarily disclosed.
Characterization Analysis
We trace the history of each significant asset to determine its marital vs. non-marital character — a distinction that directly determines what is subject to division.
Business Valuation
We retain qualified business valuation experts and challenge the opposing party’s expert on methodology, assumptions, and goodwill treatment to achieve the most accurate and favorable valuation.
Retirement Account Division
We ensure QDROs and other retirement division instruments are drafted correctly to avoid tax penalties, administrative delays, and disputes about what was actually agreed to.
Dissipation Claims
When one spouse has wasted or hidden marital assets, we present the evidence and seek an unequal distribution to compensate for the dissipation.
Real Estate Analysis
Treasure Coast real estate — including waterfront properties, investment properties, and the marital home — requires accurate appraisal and careful consideration of tax consequences in division.
Notable Results
FAVORABLE DISTRIBUTION
High-Asset Divorce · Business Valued · Real Estate Portfolio Divided
NON-MARITAL ESTABLISHED
Pre-Marital Asset Traced · Commingling Defeated · Asset Excluded
DISSIPATION AWARDED
Hidden Assets Discovered · Unequal Distribution Granted · Client Compensated

Past results do not guarantee a similar outcome. Case details available upon request.

Common Questions

Property Division Attorney FAQ

How does Florida divide marital property in a divorce? +
Florida uses equitable distribution (Florida Statute §61.075), not community property. This means marital assets and liabilities are divided fairly — but not necessarily equally — based on statutory factors. Courts begin with the premise that an equal division is appropriate but may deviate based on factors including: contributions of each spouse to the marriage; the duration of the marriage; economic circumstances of each party; interruption of personal careers for the marriage; and any intentional dissipation of marital assets. The distinction between marital and non-marital property is critical.
What is the difference between marital and non-marital property in Florida? +
In Florida, marital property includes assets and liabilities acquired during the marriage by either spouse, regardless of whose name is on the title. Non-marital property includes assets owned before the marriage, assets received as gifts or inheritance from third parties during the marriage, and assets excluded by valid prenuptial or postnuptial agreement. Non-marital assets can become marital (commingled) when they are mixed with marital assets or used for marital purposes — this is one of the most frequently litigated issues in property division cases.
Are retirement accounts divided in a Florida divorce? +
Yes. Retirement accounts — 401(k)s, pensions, IRAs, government retirement benefits — accumulated during the marriage are marital assets subject to equitable distribution. The portion of the account that existed before the marriage and any portion traceable to non-marital contributions may be non-marital. Dividing retirement accounts requires a Qualified Domestic Relations Order (QDRO) for 401(k)s and employer pension plans, or a transfer incident to divorce for IRAs. Errors in QDRO drafting can result in significant tax penalties.
How is a business valued in a Florida divorce? +
Business valuation in a Florida divorce is one of the most contested and technically complex issues in property division. Common valuation methods include: asset approach (fair market value of assets less liabilities); income approach (capitalization of earnings or discounted cash flow); and market approach (comparable sales). The selection of method, the treatment of goodwill (personal vs. enterprise), and the discount for lack of marketability or control can produce dramatically different valuations. Both parties typically retain independent experts whose conclusions the court then weighs.
Related Practice Areas
Divorce
Property division is one of the central issues in every contested Florida divorce.
Alimony
Property division and alimony are closely related and often negotiated together.
Child Custody
The marital home division often intersects with child custody and time-sharing decisions.
Free Consultation · 24/7

Complex Property to Divide?
The Characterization and Valuation
Decisions Matter for Decades.

Real estate, retirement accounts, businesses, investments — Florida’s equitable distribution law requires getting every one right. Joseph Grant handles complex property division throughout the Treasure Coast. Call (772) 888-8888.

(772) 888-8888 PSL: (772) 236-5203 Free Online Consultation

Free initial consultation does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Florida Bar Rules 4-7.1 through 4-7.20 apply.