Bradenton Family LawEquitable Distribution
Equitable Distribution Attorney in Bradenton
When couples in Florida go through a divorce, one of the most critical issues they face is the division of assets and liabilities. Florida follows the equitable distribution model, meaning that marital assets and debts are divided fairly—but not necessarily equally. Understanding how this process works can help individuals protect their financial future and make informed decisions during divorce proceedings.
At McNary Powers, we specialize in family law and divorce cases in Bradenton, Sarasota, and Lakewood Ranch, helping clients navigate equitable distribution with professionalism and compassion. This guide will explain everything you need to know about Florida’s equitable distribution laws, including factors courts consider, the role of marital and non-marital assets, and common pitfalls to avoid.
What is Equitable Distribution?
Equitable distribution is the legal process courts use to divide marital assets and debts during a divorce. Unlike community property states, where assets are split 50/50, Florida courts strive for fairness based on the circumstances of each case.
The key takeaway: equitable does not always mean equal. Instead, the court considers various factors to determine a fair distribution.
Marital vs. Non-Marital Assets: What’s Divided?
Not all property is subject to equitable distribution. Florida law classifies assets into two main categories:
Marital Assets
These include:
- Property acquired during the marriage, regardless of which spouse’s name is on the title.
- Income earned by either spouse during the marriage.
- Retirement accounts (401(k)s, pensions, IRAs) accumulated during the marriage.
- Real estate purchased together.
- Businesses started during the marriage.
- Debts incurred jointly during the marriage.
Non-Marital (Separate) Assets
These assets generally remain with the original owner and are not divided:
- Property acquired before marriage.
- Inheritances or gifts given solely to one spouse.
- Assets specified as separate property in a valid prenuptial or postnuptial agreement.
- Compensation from personal injury settlements (except for lost wages).
💡 Tip: If separate assets were co-mingled with marital funds (such as depositing an inheritance into a joint bank account), they may be subject to division.
Special Considerations in Florida’s Equitable Distribution Process
Florida law includes some unique aspects in asset division:
Prenuptial and Postnuptial Agreements
- A valid prenup can override default equitable distribution laws.
- Courts uphold prenups unless they were signed under fraud, coercion, or unfair circumstances.
Retirement Accounts and Pensions
- Florida courts often use a Qualified Domestic Relations Order (QDRO) to divide retirement benefits.
- Even if only one spouse contributed to the retirement plan, the portion earned during the marriage is marital property.
Alimony and Equitable Distribution
- Equitable distribution and alimony are separate but interconnected.
- If one spouse receives a larger share of assets, they may receive less alimony (or vice versa).
💡 Example: If a spouse gets the marital home, the other may receive a larger portion of retirement savings.
Impact of Florida Senate Bill 1416 on Asset Division
In 2023, Florida passed SB 1416, which eliminated permanent alimony and adjusted durational alimony limits. This impacts equitable distribution, as some spouses may negotiate property settlements to offset reduced alimony.
How to Protect Your Interests in Equitable Distribution
Dividing assets is complex, but careful preparation can protect your financial future. Here’s what you can do:
- Gather Financial Documents
Start compiling:- Bank statements
- Retirement account records
- Property deeds & mortgage statements
- Credit card & loan records
- Tax returns (past 3-5 years)
- Avoid Major Financial Moves
- Don’t sell assets, withdraw large sums, or transfer property before the divorce is finalized.
- Courts may view these actions as asset dissipation.
- Work with an Experienced Family Law Attorney
- A strong legal strategy ensures you receive your fair share of marital assets.
- At McNary Powers, we guide clients through negotiation, mediation, and litigation to achieve the best possible outcome.
Why Choose McNary Powers for Equitable Distribution Cases?
At McNary Powers, we understand the emotional and financial stakes of property division in divorce. Our team is committed to:
- Honesty and Integrity – We provide transparent guidance and ethical legal representation.
- Compassionate Problem-Solvers – We prioritize practical solutions to ease the burden of divorce.
- Accountability & Strong Advocacy – We fight for fair outcomes in Bradenton, Sarasota, and Lakewood Ranch.
- Continuous Legal Excellence – We stay updated on Florida law to protect your rights.
Thinking about divorce? Contact McNary Powers today for a consultation on how equitable distribution applies to your case.
Final Thoughts
Navigating equitable distribution in Florida requires a thorough understanding of state laws, financial complexities, and legal strategies. Whether you’re protecting separate assets, negotiating a fair settlement, or facing litigation, having the right legal team is crucial.
If you are going through a divorce in Bradenton, Sarasota, or Lakewood Ranch, our team at McNary Powers is here to provide trusted legal guidance. Call us at (941) 345-1662 today and schedule a consultation to ensure your financial future is secure.
