Florida Property Division

**Marital property** (subject to division): - Assets acquired during the marriage by either spouse - Appreciation of non-marital assets due to marital effort or funds - Gifts between spouses during the marriage - Retirement benefits earned during the marriage **Non-marital property** (not subject to division): - Assets owned before the marriage - Inheritances received by one spouse - Gifts from third parties to one spouse - Assets designated as non-marital by valid agreement - Pain and suffering damages from personal injury awards

Florida has some of the strongest homestead protections in the United States: - **No value cap**: Unlike most states, Florida's homestead exemption has no dollar limit - **Size limits**: Half-acre in municipalities, 160 acres outside - **Creditor protection**: Protected from almost all creditors except mortgages and property taxes **In divorce**: The court can award exclusive use of the homestead to the spouse with primary custody of children, but must consider the homestead's protected status when structuring the division.

Florida courts consider multiple factors when dividing property: 1. **Contribution to the marriage** — including homemaker and parenting contributions 2. **Economic circumstances** of each party 3. **Duration of the marriage** 4. **Career or education interruptions** by either spouse 5. **Contribution to the other spouse's career** or education 6. **Desirability of retaining assets intact** — such as a family business 7. **Intentional dissipation** of marital assets The starting point is equal division, with departures requiring justification.

Despite being a no-fault state, Florida allows courts to consider 'dissipation' — wasteful spending during the breakdown of the marriage. Examples include: - Spending on an extramarital affair - Gambling losses - Giving away marital assets - Excessive or unusual spending without benefit to the marriage If dissipation is proven, the court can award a larger share of remaining assets to the non-dissipating spouse or require reimbursement.