A fair division of what you built together.
Dividing a home, retirement accounts, a business, and debts is often the most complicated part of a divorce. Attorney Jessica Ramirez-Garcia helps Miami-Dade and Broward clients identify, value, and fairly divide marital property, in English or Spanish.
Call (305) 201-0529 · Hablamos Español
How Florida divides property
Florida uses “equitable distribution.” The court starts from the premise that marital property and debts should be divided equally, unless there is a good reason for a different split.
Marital vs. nonmarital property
- Marital property generally includes assets and debts acquired by either spouse during the marriage, no matter whose name is on them.
- Nonmarital property generally includes what you owned before the marriage and gifts or inheritances you received individually, as long as they were kept separate.
The line is not always clear. If marital money or effort increased the value of a nonmarital asset, such as paying the mortgage on a home one spouse owned before the marriage, part of that increase may be marital. Mixing separate money into joint accounts can also change how it is treated.
What the court considers
When deciding whether an unequal division is justified, the court may consider factors such as:
- Each spouse’s contributions to the marriage, including caring for the home and children
- The economic circumstances of each spouse
- The length of the marriage
- Career or education sacrifices one spouse made
- Whether a parent should keep the home for the children
- Whether a spouse wasted or hid assets in the two years before filing
Assets we help divide
- The marital home and other real estate
- Retirement accounts and pensions, including dividing them with a court order called a QDRO
- Businesses and professional practices
- Bank accounts, investments, and vehicles
- Credit card, mortgage, and other debts
Why clients choose JRG Law
- Bilingual representation in English and Spanish.
- Personal attention. You work directly with Jessica, a Florida Bar member since 2018.
- A compassionate approach shaped by her background in psychology.
- Two offices, by appointment in West Kendall and Coral Gables.
Frequently asked questions
Who gets the house?
There is no automatic answer. The house may be sold, one spouse may buy out the other, or one spouse may keep it in exchange for other assets. When children are involved, the court may consider letting a parent stay in the home.
Is my inheritance protected?
Usually, if it was kept separate. If it was deposited into a joint account or used for marital expenses, it may be treated differently.
How are retirement accounts divided?
The marital portion is typically divided with a qualified domestic relations order (QDRO), which can transfer funds without early withdrawal penalties.
What if my spouse is hiding assets?
Florida requires full financial disclosure. We can use subpoenas, depositions, and financial professionals to find hidden assets.
Talk to a Miami property division lawyer today
Call (305) 201-0529 or schedule your free consultation online. We serve families throughout Miami-Dade and Broward. Se habla español.
The information on this page is general and is not legal advice. Every case is different, and past results do not guarantee a similar outcome.