Division Of Assets Attorney
Last updated on February 12, 2026
When a marriage ends, the assets and debts of one household must be divided into two. This process can be emotional for many couples, and the guidance of an experienced lawyer is often necessary to make sure that a client’s interests are protected. At the law firm of Ami L. DiLorenzo, P.A., we help our clients throughout central Florida set their emotions aside so that they can make smart decisions about their futures. We act forcefully to ensure that our clients achieve the best possible results.
Florida Law On Property Division in Divorces
Under Florida law, any assets and debts acquired during a marriage are presumed marital and are divided 50/50. However, this property division can involve many factors, such as excessive credit card debt, student loan debt or the existence of a family-owned business. It may also be affected by other aspects of a divorce, such as an alimony award or the parenting time both parents spend with the children. An experienced lawyer is often needed to make sure things run smoothly. To talk with an Ocala divorce attorney about your situation, contact us online.
Division Of Complex Assets/Debts
Our founding attorney, Ami L. DiLorenzo, is an experienced litigator who has the capacity to handle a broad spectrum of complex assets. When the following classes of assets are involved in a property division controversy, we often work with forensic accountants and appraisers to resolve matters.
This helps us protect our clients’ interests in a wide range of property:
- Pensions and 401(k)s
- Investments
- Family businesses
- Valuable collections
- Jewelry
- Animals, including family pets, livestock and horses
- Art collections
- Boats, jet skis and RVs
- High-end electronics
- Farm equipment
- Home furnishings
Who Gets The House?
When dividing the assets and debts of a marriage, “who gets the house” is often one of the most important questions for couples – especially if there are small children involved. Many people worry that the judge will force them to sell their family home and divide the profits, which can be distressing during tough economic times.
Many of our clients find comfort in the fact that the judge has the discretion to allow children to remain in the house until a time fixed by the court. This may be until the market corrects itself, until the children graduate from high school or until a spouse becomes self-supporting. It is critical, however, to work with an experienced attorney who can help the judge understand your situation so that the court’s orders will be fair to you in your current situation.
How Is Inherited Property Divided In A Florida Divorce?
One of the most difficult issues in a Florida divorce is determining what happens to inherited property. Florida law treats inheritances as separate property, meaning they belong to the spouse who received them. However, there are circumstances where inherited assets may become marital property, making them subject to division.
Inherited property may be divided if:
- The inheritance was commingled with marital assets. For example, if an inheritance was deposited into a joint bank account, it may lose its separate status.
- Marital funds were used to maintain or improve the inheritance. A home or property inherited by one spouse could be considered marital if both spouses contributed financially to its upkeep.
- The inheritance increased in value due to marital efforts. The increase may be treated as marital property if both spouses actively contributed to managing or growing an inherited business or asset.
It is important to understand these distinctions because a mistake in categorizing inherited property can result in an unfair settlement. Working with an experienced Florida divorce attorney protects your rights and helps ensure inherited property is handled properly during the divorce process.
What Happens To Marital Debt If A Spouse Refuses To Cooperate?
Dividing marital debt is just as important as dividing assets. Credit cards, loans and other shared obligations must be addressed before a divorce can be finalized. The challenge arises when one spouse refuses to cooperate, leaving the other to shoulder the financial stress.
When dividing marital debt in a Florida divorce, the court considers several factors:
- Who incurred the debt and for what purpose?: Debts that benefited the marriage are divided, while those used for personal purposes may remain with the spouse who created them.
- The financial ability of each spouse: Courts may assign more responsibility to the spouse with greater earning capacity.
- Whether the noncooperative spouse attempts to hide debt: If a spouse is dishonest, the court can take this into account when making a ruling.
Even if your spouse refuses to engage, the court can assign debts fairly. Our Florida property division lawyer can help ensure your financial interests are protected and that a spouse’s lack of cooperation does not unfairly burden you.
Schedule A Consultation
To schedule a consultation with an Ocala divorce lawyer at the law firm of Ami L. DiLorenzo, P.A., call us at 352-580-1141, or contact us online. We place great emphasis on answering email inquiries as quickly as possible.