Contested Divorce in St. Augustine
Financial discovery, disputed assets and litigation in contested Florida divorce cases.
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St. Johns Law Group
Divorce
Family Law
Florida Divorce • Marital Property • Financial Discovery
St. Augustine Equitable Distribution Attorneys
Protecting Property, Business Interests and Financial Rights in Divorce
Dividing property in a Florida divorce can involve much more than splitting bank accounts. Real estate, retirement benefits, business interests, investment accounts, debts and claims of nonmarital property can significantly affect a family's financial future.
St. Johns Law Group represents clients in equitable-distribution matters involving financial discovery, tracing, valuation, hidden assets, dissipation, real estate and contested marital-property litigation throughout St. Augustine and Northeast Florida.
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Marital and nonmarital asset analysis
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Financial discovery, tracing and hidden-asset issues
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Real estate, business, retirement and debt division
Property
Marital • Nonmarital • Tracing
Real Estate
Home • Investment • Mortgage
Complex Assets
Business • Retirement • Investments
Financial Discovery
Records • Valuation • Hidden Assets
Florida Statute §61.075
What Does Equitable Distribution Mean in Florida?
Florida divorce courts divide marital assets and liabilities under the equitable-distribution framework of §61.075.
The court first identifies marital and nonmarital property. Nonmarital assets and liabilities are generally set apart to the appropriate spouse. The court then begins with the premise that marital assets and liabilities should be divided equally unless the statutory factors justify an unequal distribution.
That means “equitable” does not necessarily require every individual asset to be physically divided in half. The court considers the marital estate as a whole and can allocate different assets and obligations as part of the overall distribution.
Florida Statute §61.075 →
The Starting Point
Equal Is the Presumption — Not Always the Final Result
Florida law directs the court to begin with an equal distribution of marital assets and liabilities.
A court may order an unequal distribution when the evidence and the statutory factors provide a legally sufficient justification.
Asset Classification
Marital Property vs. Nonmarital Property
Before property can be divided, the parties often must determine what belongs in the marital estate and what should remain separate.
Marital Assets & Liabilities
Property and obligations acquired during the marriage are often marital, even when an account, title or debt appears in only one spouse's name. Classification depends on Florida law and the history of the asset or liability.
- Real estate acquired during the marriage
- Bank and investment accounts
- Retirement benefits accrued during the marriage
- Business interests created or enhanced during the marriage
- Vehicles and significant personal property
- Mortgages, loans and other marital liabilities
Nonmarital Assets & Liabilities
Certain property may remain separate, including qualifying premarital property, inheritances, qualifying gifts from third parties and other property excluded under Florida law.
- Qualifying premarital assets
- Certain inherited property
- Certain gifts from persons other than the other spouse
- Property excluded by valid written agreement
- Income from nonmarital assets in qualifying circumstances
- Liabilities that qualify as nonmarital
Some Property Can Have Both Marital and Nonmarital Components
An asset that began as nonmarital property can present a marital component when marital funds or efforts contributed to its enhancement, or when marital and nonmarital funds were combined in a manner relevant under Florida law.
Title alone does not necessarily decide the issue. Tracing the source of funds and the history of the property can be critical.
Unequal Distribution
Factors Florida Courts Consider
Section 61.075 identifies factors the court may consider when determining whether an equal distribution should be adjusted.
Contributions to the Marriage
Financial contributions are not the only consideration. Homemaking and care and education of children are included in the statutory analysis.
Economic Circumstances
The court may consider the respective economic circumstances of the parties in determining the overall distribution.
Duration of the Marriage
The length of the marriage is one of the factors expressly identified by Florida law.
Career & Education
Career interruptions and one spouse's contributions to the other's career or educational opportunities can be considered.
Business Interests
The court may consider whether a business, professional practice or other asset should remain intact and free from interference by the other spouse.
Dissipation or Waste
Intentional dissipation, depletion, waste or destruction of marital assets can become relevant to the distribution analysis.
Financial Discovery
Finding and Documenting the Marital Estate
A fair property division depends on accurate information about what the parties own, what they owe and what the property is worth.
In contested cases, discovery can be used to obtain financial records, business documents, account statements, tax records, loan information, transaction histories and other evidence necessary to identify and value marital property.
- Bank and brokerage statements
- Tax returns and supporting schedules
- Business accounting and ownership records
- Retirement and pension statements
- Credit-card and loan histories
- Real-estate and mortgage documents
- Transfers between accounts or entities
- Large withdrawals or unusual expenditures
Financial Discovery Matters
Asset classification, tracing and valuation often depend on complete
financial records.
Hidden Assets & Incomplete Disclosure
When the Financial Picture Does Not Add Up
A contested divorce can require a closer review when income, assets or transactions do not appear consistent with the information disclosed.
Undisclosed Accounts
Bank, investment or digital financial accounts may require discovery when they have not been fully identified.
Business Transactions
Closely held businesses can present issues involving retained earnings, related-party transactions, shareholder distributions, expenses and business assets.
Transfers to Others
Transfers to relatives, business entities or other persons may require review when they occur near separation or during the divorce.
Unexplained Withdrawals
Large withdrawals or unusual expenditures can become relevant to asset tracing and potential dissipation claims.
Deferred Compensation
Bonuses, stock interests, deferred compensation and similar benefits may require careful analysis of when and how the rights were earned.
Property Held Through Entities
Real estate and other assets owned through corporations, LLCs, partnerships or trusts may require additional investigation.
Protecting the Marital Estate
Preventing Waste or Dissipation of Assets
Timing can matter when one spouse is moving, spending, encumbering or depleting property while the divorce is pending.
Florida's equitable-distribution statute identifies intentional dissipation, waste, depletion or destruction of marital assets within the applicable statutory period as a factor the court may consider.
The Seventh Judicial Circuit also uses a Standing Family Law Court Order in dissolution proceedings that restricts certain concealment, damage, depletion, encumbrance, transfer and dissipation of assets during the case, subject to the terms and exceptions stated in the order.
Seventh Judicial Circuit Standing Family Law Order →Do Not Wait Until Trial to Investigate Missing Property
When there is evidence that assets are being transferred, depleted or concealed, early financial discovery and appropriate court relief may be important to preserve the property available for distribution.
One Legal Team
A Full-Service Law Firm Behind Your Financial Divorce Case
Complex property division often crosses into legal areas beyond traditional family law.
St. Johns Law Group can draw upon attorneys across multiple practice areas when a divorce involves real property, businesses, taxes, debt, litigation or appellate issues.
- Family Law — equitable distribution and divorce litigation
- Real Estate — deeds, mortgages, title and property transactions
- Business Law — companies, ownership interests and business structure
- Tax Planning — tax-sensitive transactions and business issues
- Bankruptcy & Debt — financial issues that may intersect with divorce
- Civil Litigation & Appeals — complex disputes and appellate resources
One Legal Team
Family-law representation supported by real estate, business, tax,
litigation and other full-service legal resources.
Real Estate in Divorce
The Marital Home and Other Real Property
Real estate can be one of the largest assets — and largest liabilities — in the marital estate.
Dividing a marital home may require more than deciding who wants to remain in the property. The parties may need to address equity, mortgage liability, refinancing, sale timing, title, credits, taxes and the practical ability of one party to maintain the property.
- Value and equity in the marital home
- Mortgage and home-equity obligations
- Sale vs. retention by one spouse
- Refinancing requirements
- Deeds and transfer documents
- Investment and rental property
- Premarital property with marital contributions
SJLG Real Estate Resources
Family Law + Real Estate Under One Roof
Because St. Johns Law Group also maintains a substantial real-estate practice, related title, deed, mortgage, closing and property issues can be identified and coordinated when appropriate.
Real Estate Practice →
Closely Held Companies & Professional Practices
Business Interests in Divorce
A company can present difficult classification, valuation and distribution questions, particularly when it existed before marriage or when one spouse controls the financial records.
Marital vs. Nonmarital Interest
A premarital business may have both nonmarital and marital components depending on contributions, growth and other circumstances.
Business Valuation
Financial records, ownership documents, compensation and other evidence may be needed to evaluate the value of an ownership interest.
Keeping the Business Intact
Florida law allows consideration of the desirability of retaining a business, corporation or professional practice intact and free from interference by the other spouse.
Retirement Assets
401(k)s, Pensions, IRAs and Retirement Benefits
Retirement benefits earned during a marriage can represent a major part of the marital estate even when the account is held in only one spouse's name.
The analysis can require determining the marital portion, identifying premarital components, considering gains and losses and preparing the documents required to implement the final distribution.
- 401(k) and 403(b) plans
- Pensions and defined-benefit plans
- IRAs and investment retirement accounts
- Government and military retirement benefits
- Premarital retirement balances
- Qualified Domestic Relations Orders or other plan-specific orders when required
The Account Balance Is Not Always the Whole Analysis
Retirement property may contain contributions from before and during the marriage. Classification and implementation can require tracing, plan documents and careful drafting of the final settlement or judgment.
Marital Liabilities
Divorce Divides Debt as Well as Property
Equitable distribution includes marital liabilities. Identifying who should ultimately bear a debt is different from determining whether a third-party creditor remains entitled to pursue someone whose name is on the underlying obligation.
Mortgages
The divorce judgment may allocate responsibility between spouses, but mortgage obligations and refinancing issues must also be addressed with the lender relationship in mind.
Credit Cards & Consumer Debt
Account history, timing and the purpose of charges can become relevant to classification and allocation.
Business & Tax Liabilities
Business loans, tax obligations, guarantees and other financial liabilities can require additional analysis in higher-value cases.
Property Division Process
Building an Equitable Distribution Case
1
Identify
Create a complete inventory of assets and liabilities.
2
Classify
Determine marital, nonmarital or mixed character.
3
Discover & Trace
Obtain records and investigate disputed financial issues.
4
Value
Determine the value of property, businesses and other interests.
5
Resolve or Litigate
Negotiate an overall distribution or present the dispute to the court.
Family Law Center
Related Divorce & Family Law Services
Divorce & Family Law
SJLG's primary St. Augustine divorce and family-law resource.
Family Law Center →Contested Divorce
Financial discovery, litigation and courtroom preparation when divorce issues cannot be resolved by agreement.
Contested Divorce →Uncontested Divorce
Drafting and review of marital settlement agreements when property and other divorce issues can be resolved by agreement.
Uncontested Divorce →Alimony
Florida spousal-support issues can interact with the overall financial resolution of a divorce.
Alimony Services →Post-Judgment Matters
Modification and enforcement of appropriate family-court obligations after entry of final judgment.
Post-Judgment Services →Family Mediation
Settlement and dispute-resolution resources for appropriate family-law matters.
Family Mediation →
Family Law Team
Meet the Family Law Team
Our family-law attorneys are supported by experienced paralegals, providing a team-based approach for divorce, financial discovery, property division, litigation and related matters.
Family Law Attorney • Certified Mediator • Guardian ad Litem
Rachael W. Greene
Handles divorce, equitable distribution, support, parenting disputes, family-law litigation and mediation.
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Family Law • Probate • Guardianship Attorney
Felecia Walker
Handles divorce, marital-property disputes, family-law litigation, guardianship and related contested matters.
View Profile →
Family Law • Bankruptcy • Debt Relief Attorney
Stephen Doty
Brings family-law and bankruptcy experience to matters where divorce, marital debt and broader financial issues intersect.
Family Law & Debt Issues
Senior Paralegal • Mediation Coordinator
Becky Ferris
Supports the family-law practice with client coordination, case preparation and mediation logistics.
Senior Paralegal • Family Law
Morris McEvoy
Supports family-law matters involving discovery, financial records, document production and litigation preparation.
Paralegal • Family Law • Bankruptcy
Judy Padgett
Supports family-law and bankruptcy matters involving client coordination, financial documentation and case preparation.
Florida Equitable Distribution FAQs
Common Questions About Property Division in Divorce
Does Florida automatically divide everything 50/50 in divorce?
Florida courts begin with the premise that marital assets and
liabilities should be distributed equally. A court may order an unequal
distribution when the evidence and statutory factors justify doing so.
What property is considered marital in Florida?
Many assets and liabilities acquired during the marriage are marital,
but classification depends on the facts and Florida law. Some property
can also contain both marital and nonmarital components.
Is property I owned before marriage automatically mine?
Qualifying premarital property can be nonmarital, but later
transactions, commingling, marital contributions or enhancement can
affect the analysis. The history of the property should be reviewed.
Does it matter whose name is on the bank account or deed?
Title can be relevant, but it does not by itself answer every marital
property question. Timing, source of funds, transfers and treatment of
the property can also matter.
Can the court consider a spouse wasting marital money?
Yes. Florida law identifies intentional dissipation, waste, depletion
or destruction of marital assets within the applicable statutory period
as a factor that may support an unequal distribution.
What if I think my spouse is hiding assets?
Financial discovery can be used to obtain bank records, tax records,
business documents, account statements and other information relevant
to identifying and valuing the marital estate.
How is a business handled in divorce?
A business may require classification and valuation. Depending on the
circumstances, the court may consider retaining the business intact
with one spouse while allocating other property or an equalizing
payment as part of the overall distribution.
Are retirement accounts divided in a Florida divorce?
Retirement benefits accumulated during the marriage may be marital.
Determining the marital portion and implementing the division may
require plan information and, for some plans, a Qualified Domestic
Relations Order or other specialized order.
Who gets the marital home?
There is no automatic answer. The court or the parties may need to
consider equity, mortgage debt, refinancing, children, financial
feasibility, other marital assets and the overall equitable-distribution
plan.
Does a divorce judgment remove my name from a mortgage?
Not necessarily. A divorce order can allocate responsibility between
the spouses, but it generally does not by itself rewrite the contract
with a third-party lender. Refinancing or other lender-approved steps
may be necessary.
Can equitable distribution be settled instead of tried?
Yes. Parties frequently resolve property and debt issues through a
marital settlement agreement. If agreement cannot be reached, the court
can determine the disputed issues after hearing the evidence.
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Northeast Florida Divorce Counsel
Areas We Serve
St. Johns Law Group represents clients in divorce and equitable-distribution matters throughout St. Augustine and Northeast Florida.
St. Johns County
St. Augustine • St. Augustine Beach • Ponte Vedra • Ponte Vedra Beach • Nocatee • SilverLeaf • St. Johns • Julington Creek • Fruit Cove • World Golf Village
Jacksonville & Duval County
Jacksonville • Mandarin • San Marco • Southside • Jacksonville Beach and surrounding communities
Flagler, Clay & Putnam Counties
Palm Coast • Flagler Beach • Green Cove Springs • Fleming Island • Palatka and surrounding Northeast Florida communities
St. Johns Law Group
104 Sea Grove Main Street • St. Augustine, Florida
Local St. Augustine Office
Divorce & Property-Division Counsel Based in St. Augustine
Our family-law team handles marital-property, financial-discovery and related divorce matters throughout Northeast Florida.
- 104 Sea Grove Main Street, St. Augustine, Florida 32080
- Family-law representation throughout Northeast Florida
- In-person, telephone and remote consultation options
Equitable Distribution Consultation
Talk With a St. Augustine Marital Property Attorney
Tell us about the property, debts and financial issues involved in your divorce. Our family-law team can help identify the marital estate, evaluate disputed property and develop a strategy for settlement or litigation.
- ✓ Marital and nonmarital property analysis
- ✓ Financial discovery and hidden-asset issues
- ✓ Real estate, businesses, retirement and debt
Request a Consultation
Tell Us About Your Marital Property Matter
Tell us briefly about your divorce, the property or financial issues involved, and how we can reach you. Our family-law team will review your inquiry and follow up regarding next steps.
Submission of this form does not create an attorney-client relationship. Do not send confidential or sensitive information until an attorney-client relationship has been established.