Common Questions About Property Division During a Divorce

Common Questions About Property Division During a Divorce

Common Questions About Property Division During a Divorce


Divorce can be one of the most challenging events in a person's life, and property division often adds to the complexity of the situation. Many individuals going through a separation have concerns regarding the distribution of assets they've acquired throughout their marriage. It's essential to understand how property division works to protect your interests effectively. In this post, we provide answers to common questions about property division, emphasizing family law practice in Orlando, FL.


What Does Property Division in a Divorce Entail?

Property division during a divorce implies that all assets (and debts) accumulated during the marriage must be divided between the parties involved. This process aims to ensure a fair distribution, considering several legal aspects, such as the duration of the marriage, the economic situation of each spouse, and contributions to marital assets.

How Is Property Classified for Division in Orlando, Florida?

Two types of property are considered in a divorce: marital property and separate property. Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property refers to assets owned by one spouse before the marriage or obtained individually as a gift or inheritance, and typically is not subject to division.

What Is Equitable Distribution?

Florida follows the "equitable distribution" approach, which means the courts aim to divide marital property equitably, or fairly, though not necessarily equally. The court considers factors like each spouse's income, the length of the marriage, and the contributions to the marriage, including childcare and homemaking.

How Are Retirement Accounts Handled?

Retirement accounts fall into a special category because they often represent a mix of marital and non-marital funds. A portion of these assets may be treated as marital property if they were accrued during the marriage. Determining the division of retirement accounts can be intricate, and it often requires the assistance of legal professionals and financial experts.

What About the Marital Home?

The marital home is frequently the most significant asset to consider. Options for dealing with the marital home can include one party keeping the home and buying out the other's interest, selling the home and dividing the proceeds, or allowing children's interests to dictate decisions regarding the home.

Can a Prenuptial Agreement Affect Property Division?

Yes, a prenuptial agreement can significantly impact how property is divided in a divorce. If both parties have signed a legally-binding prenup that outlines the distribution of assets in the event of a divorce, courts will generally adhere to those agreements.

How Can a Family Law Practice in Orlando, FL, Assist?

Navigating the complexities of property division requires a keen understanding of family law. A knowledgeable attorney can provide guidance, represent your interests, and work toward a fair settlement. Whether you're contending with amicable negotiations or facing a contested divorce, legal support can make a substantial difference.

If you’re dealing with property division during a divorce and need assistance with family law practice in Orlando, FL, consider reaching out to Ilvento Law. Ilvento Law’s experienced attorneys can offer valuable insights and a personalized approach to ensure your assets are divided fairly and your rights are protected.



Divorces involve many emotional and financial complexities, especially when it comes to dividing assets. Knowing the right questions to ask and understanding the basics of property division are crucial starting points. Remember, with expert legal advice and representation, you can navigate this difficult transition with greater confidence and security.

Need professional guidance through your divorce? Contact Ilvento Law today for more information regarding family law practice in Orlando, FL.

Whether you're preparing for a divorce or in the midst of one, understanding property division is essential. By aligning with an experienced family law practice, you can safeguard your future. Remember that while this post provides general information, each situation is unique, and seeking personalized legal counsel is always advisable.

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