Property Division Mediation
Achieving Fair and Equitable Asset Distribution
Why Mediate Property Division?
Dividing property in divorce can be one of the most contentious and complex aspects of ending a marriage. Florida is an equitable distribution state, meaning marital property should be divided fairly—but not necessarily equally. What's "fair" is often subjective and depends on many factors.
Through mediation, you and your spouse work with a neutral professional to identify all assets and debts, determine what's marital versus non-marital property, and negotiate a division that both parties find acceptable. This collaborative approach typically results in more creative solutions and greater satisfaction than court-imposed divisions.
Our experienced mediators help couples navigate property division with a clear understanding of Florida law, practical solutions for complex assets, and strategies for protecting both parties' financial futures.
Benefits of Property Division Mediation
Control Your Financial Future
You decide how to divide assets rather than leaving these critical decisions to a judge who doesn't know your situation.
Creative Solutions
Explore options beyond splitting everything 50/50, finding arrangements that work better for both parties.
Protect Privacy
Keep your financial details confidential instead of having them aired in public court proceedings.
Reduce Costs
Avoid the expense of financial expert witnesses, discovery battles, and lengthy court proceedings.
Faster Resolution
Settle property division in weeks or months instead of the years complex property litigation can take.
Preserve Assets
Save money on legal fees means more assets remain for division between you and your spouse.
The Property Division Process
Full Disclosure
Both parties provide complete financial information including bank statements, investment accounts, retirement accounts, real estate, debts, and all other assets.
Asset Identification
Identify all marital and non-marital property. Determine acquisition dates, values, and whether assets are separate or marital.
Valuation
Determine current fair market value of assets. May require appraisals for real estate, businesses, or unique assets.
Classification
Classify assets as marital, non-marital, or partially marital. Discuss any claims for reimbursement or special equity.
Negotiation
Work through various division scenarios. Consider tax implications, liquidity needs, and each party's priorities.
Agreement Drafting
Document all agreements regarding asset and debt division in a comprehensive marital settlement agreement.
Assets Commonly Divided in Mediation
Real Estate
Family homes, vacation properties, investment real estate, and undeveloped land. Discuss whether to sell, have one spouse buy out the other, or continue joint ownership temporarily.
Retirement Accounts
401(k)s, IRAs, pensions, and other retirement savings. Division often requires Qualified Domestic Relations Orders (QDROs) to avoid tax penalties.
Bank & Investment Accounts
Checking, savings, money market accounts, stocks, bonds, mutual funds, and brokerage accounts accumulated during marriage.
Business Interests
Ownership in businesses, professional practices, partnerships, and LLCs. May require business valuation by experts.
Vehicles & Personal Property
Cars, boats, RVs, motorcycles, furniture, jewelry, art, collections, and other tangible personal property.
Debts & Liabilities
Mortgages, credit cards, car loans, student loans, personal loans, and other debts must be fairly allocated.
Understanding Florida's Equitable Distribution
Florida law requires equitable—meaning fair, not equal—distribution of marital property. Courts consider multiple factors when dividing property:
• Length of the marriage
• Each spouse's economic circumstances
• Contributions to the marriage, including homemaking and childcare
• Interruption of personal careers or education
• Contribution to the other spouse's career or education
• Desirability of retaining certain assets (like a business) intact
• Each spouse's contribution to acquisition of assets
• Intentional waste or depletion of marital assets
In mediation, you can consider these same factors—plus any others important to your situation—to reach a division both parties find fair.
Marital vs. Non-Marital Property
Understanding what's marital property is crucial:
Marital Property:
- Assets acquired during marriage regardless of whose name they're in
- Increase in value of non-marital property due to marital efforts or funds
- Retirement benefits accrued during marriage
- Real estate purchased during marriage, even if title is in one name
Non-Marital Property:
- Assets owned before marriage and kept separate
- Inheritances and gifts to one spouse individually
- Assets specified as non-marital in a prenuptial agreement
- Income from non-marital assets if the parties agreed it would remain separate
Handling Complex Property Issues
Family Businesses
Dividing a business requires careful valuation and consideration of whether one spouse will buy out the other, whether the business will be sold, or whether both will maintain ownership. Mediation allows creative solutions like structured buyouts over time.
Stock Options & Restricted Stock
Unvested stock options and restricted stock require special handling. Consider vesting schedules, tax implications, and how to divide or trade these assets fairly.
Professional Licenses & Degrees
While degrees aren't property in Florida, you can address contributions one spouse made to the other's education and career through property division or alimony.
Separate Property Commingling
When non-marital property becomes mixed with marital property, tracing may be needed to determine what portion remains non-marital.
Underwater Assets
When debts exceed equity (underwater mortgages, vehicles worth less than loans), creative solutions are needed. Options include short sales, walking away from property, or one party taking responsibility in exchange for other concessions.
Frequently Asked Questions
Does everything get split 50/50 in Florida?
No. Florida follows equitable distribution, which means fair—not necessarily equal—division. While many couples do divide property roughly equally, the law allows unequal distribution based on factors like length of marriage, economic circumstances, contributions to the marriage, and other considerations. Mediation gives you flexibility to reach whatever division seems fair to both of you.
What if my spouse hid assets?
Full financial disclosure is required in divorce. If you suspect hidden assets, you can request documentation, subpoena records, or hire a forensic accountant. In mediation, both parties sign disclosure statements under penalty of perjury. If hidden assets are discovered later, the agreement can potentially be set aside.
Can I keep the house?
Possibly. Options include: you buy out your spouse's equity (via cash, trading other assets, or financing); sell the house and divide proceeds; continue joint ownership temporarily (until children finish school, for example). Whether keeping the house makes financial sense depends on your income, the mortgage, and other factors to discuss in mediation.
How are retirement accounts divided?
Retirement accounts accumulated during marriage are typically marital property. Division usually requires a Qualified Domestic Relations Order (QDRO) for 401(k)s and similar plans, or transfer incident to divorce for IRAs. Your mediator will discuss valuation, division percentages, and ensure proper orders are prepared to avoid tax penalties.
What about the business I owned before marriage?
If you owned the business before marriage, it may be non-marital property—but any increase in value during the marriage might be marital property, especially if marital funds or effort contributed to that growth. These situations require careful analysis and often business valuation to determine what portion, if any, is marital.
Who pays the credit card debt?
Credit card debt incurred during marriage is typically marital debt, even if only in one spouse's name. You'll divide marital debts equitably, considering factors like who incurred the debt, for what purpose, and each party's ability to pay. You can agree to any division that seems fair.
Can we trade assets instead of dividing everything?
Absolutely. Trading assets often makes more sense than splitting everything. For example, one spouse might keep the house while the other keeps retirement accounts, or one keeps the business while the other gets more liquid assets. Mediation encourages creative trades based on each person's priorities.
What if we can't agree on an asset's value?
If you disagree on value, you can hire a neutral appraiser or valuator whose assessment you'll both accept. This is far less expensive than each party hiring competing experts for trial. Your mediator can recommend qualified appraisers for real estate, businesses, or other assets.
What happens to joint accounts during divorce?
While your divorce is pending, joint accounts should generally be frozen or restricted to prevent either party from depleting them. In mediation, you can agree on how to handle joint accounts during the divorce process and how to divide them in the final settlement.
Ready to Divide Property Fairly?
Schedule your free consultation to discuss property division mediation and protect your financial future.
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