Like the majority of states, Florida is not a community property state. This means that when you are going through a divorce assets are divided through the rules of equitable distribution.

Through the equitable distribution approach, marital property is split fairly, but not always equally. The judge in your case will consider several factors when dividing property.

Some of what goes into their decisions are:

• Each spouse’s earning potential
• Debts and assets
• Children
• The length of the marriage
• Any sacrifices made by either spouse
• Each spouse’s physical and mental health
• Other relevant factors

Couples can choose to work together to divide property or use a mediator if they don’t wish to have the courts decide for them. These agreements are typically upheld by the judges in charge as long as both parties agree to the division.

If there is a prenuptial agreement, then that needs to be considered by the courts, the mediators, and the parties involved. While most agreements will have property division laid out, there are sometimes areas of oversight that will need to be addressed through the courts.