At the Law Office of James M. Burns, we know that deciding who keeps what can feel as painful as the breakup itself. Property division touches your home, your savings, and your children’s stability, so understanding Florida’s rules is the first step toward a fair outcome.
Pensacola divorce attorney James Burns has guided Northwest Florida families through equitable distribution for more than a decade. We combine courtroom experience with local insight into Escambia County judges, giving our clients clear expectations and compassionate counsel from day one. When you walk into our office on Highway 98, you receive straight answers, personal attention, and a plan to protect everything you’ve worked for.
“I needed an attorney for a probate estate issue in Alabama. Jim and his team handled the process. They were efficient and effective, communicating with me and the client throughout the entire process. Jim guided the client and was very responsive. I highly recommend Jim Burns and his team.” – Dave M.
Feeling overwhelmed by who gets what? Call Pensacola property division lawyer James Burns at (850) 457-6002 for a free, confidential strategy session and start protecting your future today.
What “Equitable Distribution” Really Means in Florida
Florida uses equitable distribution. That simply means courts divide marital assets fairly, not always 50/50. While judges start with an equal split, they can adjust the percentages when fairness demands it. By contrast, community-property states lock couples into an automatic half-and-half division. Because Florida allows flexibility, detailed evidence matters and that is where our Pensacola property-division attorneys shine.
What Counts as Marital Property and What Stays Separate?
Marital property includes anything either spouse earned or acquired from the wedding day until the divorce petition, plus the debts racked up along the way. Think: your Navy Federal paychecks, the house near Perdido Key, and the 401(k) contributions you made while married.
Separate property usually stays with its original owner. Assets owned before the marriage, inheritances kept solely in one spouse’s name, or anything shielded by a valid prenup stay off the bargaining table unless they were commingled. Mixing inherited money into a joint savings account or using it to renovate the marital home can convert it into marital property. We help clients trace every dollar so separate assets stay protected.
How Florida Courts Decide What Is “Fair”
Florida Statute 61.075 lists factors judges rely on to fine-tune an equitable split:
- Contributions of each spouse—both paychecks and child-rearing.
- Duration of the marriage—longer marriages create deeper financial entanglement.
- Economic circumstances after divorce—a stay-at-home parent may need a larger slice to rebuild independence.
- Career or education sacrifices—did one spouse work two jobs so the other could finish a UWF degree?
- Nonliquid contributions—managing a family business, renovating the Cantonment house, caring for aging parents.
- Custodial parent considerations—courts often let the parent with majority timesharing keep the home.
- Waste or hiding of assets—reckless spending, secret crypto wallets, or offshore transfers can cost the offending spouse.
- Any other factor necessary for equity.
Our Escambia County divorce lawyers gather pay stubs, appraisals, and bank statements to present your strongest case on every factor.
Can We Decide Who Gets What Without a Judge?
Yes. Couples may craft a Marital Settlement Agreement that allocates assets, debts, and the family home on their own terms. Mediation, required in most Florida divorces, offers a private setting to negotiate with professional guidance. Agreements save time, reduce stress, and give spouses control instead of leaving decisions to a stranger in a robe.
Still, DIY deals carry risks: hidden debts, missing retirement accounts, or lopsided terms that a judge later rejects. Our Pensacola divorce and property division attorneys negotiate, draft, and review settlement agreements to guard against surprises and preserve enforceability.
Need Clarity on Your Options? Call (850) 457-6002 or send us a message for a free, confidential consultation with James M. Burns today.
What Happens to the Home, Vehicles, and Debts?
Marital Home – One spouse may buy out the other’s equity, or the court may order a sale and divide the proceeds. When young children are involved, judges often allow the custodial parent to stay in the Pensacola home until the kids finish school.
Vehicles & Personal Items – Each spouse often keeps their primary car, with an equalization payment if one vehicle is worth more. Everyday belongings are generally divided by agreement or appraised value.
Debts – Florida assigns marital debts just as equitably as assets. A higher-earning spouse might shoulder more credit-card balances or the truck loan if fairness requires it. We build payment proposals around each spouse’s post-divorce budget and earning capacity.
Common Division Scenarios in Florida
The Starter Marriage – A three-year union, no kids, one joint checking account. Couples usually walk away with what they brought in and split joint savings equally.
The Family Home & Kids – Fifteen years, two children, a house near NAS Pensacola. The custodial parent may keep the home, while the other spouse receives a larger share of retirement funds plus a buyout of equity.
Amicable vs. Contested – In an amicable case, spouses agree through mediation to divide the 401(k), sell the house, and split proceeds. In a contested case, the judge applies Statute 61.075 after a trial, often adding court-ordered equalization payments.
One-Spouse Business – A landscaping company launched during the marriage is marital property. The owner keeps the business, and the non-owner spouse receives cash or additional assets equal to half the company’s appraised value.
Uncommon or Complex Situations
- High-Net-Worth Divorces – Multiple homes on Santa Rosa Island, investment portfolios, and family trusts require expert appraisals and forensic accounting. We assemble a valuation team to safeguard every dollar.
- Military Pensions – Pensacola’s servicemembers face federal rules under USFSPA. We calculate the marital share of military retirement and draft orders the Defense Finance Accounting Service will honor.
- Professional Practices – Physicians, lawyers, and CPAs must value goodwill and ongoing revenue. Our firm structures buyouts that keep practices alive while compensating the non-practicing spouse.
- Hidden Assets – Sudden withdrawals, crypto wallets, or secret accounts trigger our forensic investigation. Courts may award a greater share to spouses harmed by dissipation.
- Inheritance & Gifts – Appreciated value may become marital if marital funds improved the asset. We trace contributions to shield the truly separate portion.
- Pet “Custody” – Florida treats pets as property, but we frequently negotiate shared visitation to honor each spouse’s bond with the family dog.
Protecting Your Assets and Financial Future
Start today: list every asset and debt, copy financial records, and pause major purchases or transfers. Florida’s standing orders prohibit most asset moves once a divorce starts, but proactive documentation strengthens your position.
Our Florida equitable-distribution lawyers create strategies that reflect your priorities, keeping the family home, preserving retirement funds, or securing your business’s future. We negotiate fiercely, and if the other side refuses fairness, James Burns is prepared to litigate.
Conclusion
Dividing property during a Florida divorce is complex, but you don’t have to navigate it alone. With an advocate who blends local insight and compassionate guidance, you can move forward confident that your financial future is protected.
The Pensacola divorce attorneys at the Law Office of James M. Burns stand ready to help. Reach us at (850) 457-6002, visit our office at 611 N New Warrington Rd, Suite 2, or send an online inquiry. Let’s secure the fair outcome and the peace of mind you deserve.