Broward County Property Division Attorney

Dividing marital assets and debts is often the most financially consequential part of any divorce. What happens to the house, the retirement accounts, the business, the debt on a joint credit card, the equity in a rental property, all of it gets sorted during property division proceedings. For couples in Broward County, those decisions are made under Florida’s equitable distribution framework, which does not mean a simple fifty-fifty split. It means a court divides marital property in a way it considers fair given the full picture of the marriage. That distinction matters enormously when significant assets or debts are on the table.

A Broward County property division attorney does more than file paperwork. The job is to identify every asset and liability subject to division, classify each one correctly as marital or non-marital, establish its current value, and build the strongest possible argument for how the division should be structured. Overlooking a pension, misclassifying an inherited account, or accepting a settlement without understanding the tax consequences of each asset can have long-term financial effects that outlast the divorce itself.

At Sandra Bonfiglio, P.A., the approach to property division is grounded in clarity and cooperation wherever possible. The firm handles cases across the Fort Lauderdale area and broader Broward County, helping clients reach fair resolutions through uncontested divorce and mediation while ensuring that every agreement is legally sound and fully enforceable before it is signed.

The Property Issues Broward County Couples Actually Fight Over

• The family home: Whether to sell and divide the proceeds, allow one spouse to buy out the other, or defer the sale for the benefit of minor children are among the most contested decisions in any Broward County divorce, particularly given South Florida’s real estate values.
• Retirement accounts and pensions: 401(k) plans, IRAs, defined benefit pensions, and deferred compensation accounts accumulated during the marriage are marital property. Dividing them properly requires specific legal instruments, such as a Qualified Domestic Relations Order, to avoid tax penalties.
• Business interests and professional practices: When one or both spouses own a business, a medical or legal practice, or a minority interest in a company, valuation becomes the central dispute. The methodologies used to value a business can produce dramatically different numbers, and the difference directly affects settlement terms.
• Non-marital property and commingling: Assets owned before the marriage or received as gifts or inheritances during it are generally non-marital, but they lose that protection if they are mixed with marital funds. A spouse who used inherited money to pay down a joint mortgage may have a commingling argument on both sides.
• Marital debt allocation: Florida courts divide liabilities as well as assets. Credit card balances, home equity lines, and personal loans taken on during the marriage are all subject to equitable distribution, and how those obligations are assigned in the decree does not necessarily bind creditors.
• Dissipation and financial misconduct: When one spouse wastes marital assets through gambling, reckless spending, or transfers to a new partner, the other spouse may be entitled to a larger share of remaining assets to offset what was lost. Documenting dissipation requires careful review of financial records.
• Unvested benefits and future compensation: Stock options, restricted stock units, and unvested retirement contributions can have significant value even if they cannot be accessed immediately. Whether and how these are included in equitable distribution depends on when they were earned relative to the marriage.

How Sandra Bonfiglio, P.A. Approaches Property Division in Broward County

Sandra Bonfiglio, P.A. is a Fort Lauderdale-based family law firm focused on helping clients reach fair, lasting agreements through uncontested divorce and mediation. The firm serves individuals and couples across Broward County and the Fort Lauderdale area, with additional representation in St. Augustine and St. Johns County. The practice is built around resolving family law matters with as little disruption as possible, while making sure every agreement actually holds up under scrutiny.

Property division cases handled through the firm’s mediation and collaborative divorce approach allow both spouses to negotiate directly with the benefit of legal guidance, rather than handing those decisions to a judge. That model tends to produce settlements that are more tailored to how a family actually lived, not just how assets look on a balance sheet. It also gives both parties more control over the outcome and, in most cases, results in a faster, less expensive resolution than contested litigation. For clients in Fort Lauderdale, Pembroke Pines, Miramar, and throughout Broward County, that combination of legal rigor and cooperative process is central to what the firm offers.

What Florida’s Equitable Distribution Standard Actually Requires

Florida divides marital property equitably, not automatically equally. A court will start from a presumption that an equal division is appropriate but can adjust that starting point based on a list of statutory factors. Those factors include the length of the marriage, each spouse’s economic circumstances at the time of divorce, contributions to the marriage including homemaking and career support, the desirability of keeping specific assets intact such as a business, and any intentional depletion of marital assets by either spouse.

Before any of that analysis begins, every asset and debt must first be classified. Only marital property is subject to division. Marital property generally means anything acquired during the marriage with marital funds, regardless of whose name is on the title. Non-marital property includes assets brought into the marriage, inherited separately, or received as a gift, but only if those assets remain clearly separate throughout the marriage. The classification question is where many disputes actually begin, particularly in long marriages where finances became deeply intertwined over the years.

Valuation is the second major battleground. Real estate gets appraised. Businesses get formally valued using income, asset, or market-based approaches. Retirement accounts get statements, but the accurate marital portion of a pension requires actuarial analysis. Without knowing what assets are actually worth, it is impossible to evaluate whether a proposed settlement is genuinely fair or simply looks reasonable on paper.

Taking Action on Property Division: What to Do Before You File

The time between deciding to divorce and actually filing is one of the most important periods for protecting your financial interests. Start by gathering a complete picture of the marital estate. That means collecting recent statements for every bank account, brokerage account, retirement account, and credit card, whether in your name, your spouse’s name, or jointly held. Pull recent tax returns, mortgage statements, vehicle titles, and any documents related to a business interest either spouse holds.

Be careful about moving money or transferring assets once a divorce is anticipated. Florida courts look unfavorably on financial behavior that appears designed to reduce the marital estate before division, and such conduct can affect how the court ultimately structures the settlement. Similarly, if you become aware that your spouse has already moved funds or transferred property, document what you can and discuss it with counsel as soon as possible.

Uncontested divorce and mediation cases in Broward County are processed through the Seventeenth Judicial Circuit Court, which serves Broward County and is located at the Broward County Courthouse at 201 SE 6th Street in Fort Lauderdale. Cases that do not involve minor children or alimony may qualify for the Simplified Dissolution of Marriage process, while more complex property situations proceed through the standard uncontested or contested divorce track. Either way, both parties are required to complete financial disclosure, including a Family Law Financial Affidavit that itemizes income, expenses, assets, and liabilities.

One of the more common mistakes in property division cases is agreeing to a marital settlement without fully accounting for the tax treatment of different assets. A retirement account and a savings account with the same dollar balance are not equivalent after taxes. Understanding what you are actually keeping, not just what it says on paper, requires looking at each asset individually before agreeing to any final terms.

Questions About Property Division in Broward County

Does Florida split marital property fifty-fifty?

Not automatically. Florida uses an equitable distribution standard, which begins with a presumption of equal division but allows courts to adjust that split based on factors including the length of the marriage, each spouse’s financial situation, contributions to the marriage, and whether either spouse wasted or misused marital assets. In practice, many uncontested divorces in Broward County do result in roughly equal splits, but the division is negotiated and agreed upon, not mandated by default.

What counts as marital property in Florida?

Marital property generally includes everything acquired during the marriage with marital income or funds, regardless of whose name appears on the title or account. This includes real estate purchased jointly or separately during the marriage, retirement contributions made during the marriage, business growth during the marriage, and joint debt. Assets owned before the marriage, received as an inheritance, or given as gifts to one spouse individually are typically non-marital, but that classification can be lost through commingling.

Can I keep the house in the divorce?

Possibly, but keeping the house requires either buying out your spouse’s share of the equity or reaching a deferred sale agreement, often tied to the youngest child reaching a certain age. You would also need to qualify to refinance the mortgage in your name alone. If the home has significant equity, keeping it may mean giving up other marital assets in exchange. Whether that trade-off makes sense depends on your full financial picture, not just whether you want to stay in the home.

How are retirement accounts divided in a Florida divorce?

Retirement accounts accumulated during the marriage are marital property subject to equitable distribution. To divide a 401(k) or pension without triggering early withdrawal penalties or tax liability, the court issues a Qualified Domestic Relations Order, which directs the plan administrator to transfer the designated portion to the other spouse. IRAs are handled through a transfer incident to divorce. The amount subject to division is typically the portion contributed or earned during the marriage, not the entire account balance if the account predates the marriage.

What happens to debt in a Florida divorce?

Marital debt is divided under the same equitable distribution framework as marital assets. The divorce decree can assign specific debts to each spouse, but that assignment does not automatically bind the creditor. If a joint account is assigned to one spouse in the decree and that spouse fails to pay, the creditor can still pursue the other. For that reason, it is often preferable to pay off or close joint accounts at the time of settlement rather than relying on a promise to pay that a creditor is not required to honor.

My spouse owned a business before we married. Can I claim any of it?

The pre-marital business itself is generally non-marital property, but any increase in its value during the marriage may be subject to equitable distribution if that growth is attributable to marital effort, such as your spouse’s active management of the business using time and skill that belonged to the marriage. Passive appreciation tied to market conditions rather than active effort is generally treated differently. Business valuation in this context is often one of the most contested and technical aspects of a high-asset divorce.

How does dissipation of marital assets affect property division in Florida?

If one spouse intentionally wastes or depletes marital assets, whether through gambling, funding a relationship outside the marriage, reckless business decisions made in bad faith, or outright hiding assets, Florida courts can take that conduct into account when structuring the final division. The innocent spouse may receive a credit for the dissipated amount, effectively giving them a larger share of the remaining estate. Documenting dissipation requires bank records, credit card statements, and often forensic accounting.

Is mediation required for property division disputes in Broward County?

Florida courts strongly favor mediation as a first step before contested hearings, and in many Broward County cases, the court will order mediation before scheduling a trial on property division issues. Even when not court-ordered, voluntary mediation through Sandra Bonfiglio, P.A. gives both parties the opportunity to reach a customized agreement with the help of legal guidance, rather than having a judge impose a result. Most property division disputes that are well-prepared for mediation settle before they ever reach a courtroom.

How long does property division take in a Broward County divorce?

Timeline varies significantly depending on whether the case is contested and how complex the marital estate is. An uncontested divorce with a straightforward property agreement can be finalized in a matter of weeks in Broward County. Disputes involving business valuations, real estate appraisals, forensic accounting, or retirement plan divisions can extend the process considerably. The Seventeenth Judicial Circuit’s scheduling and caseload also affect how quickly hearings are set if litigation becomes necessary.

What if my spouse hides assets during the divorce?

Florida requires both parties to complete financial disclosure under oath. If a spouse conceals assets, underreports income, or transfers property to obscure its existence, that conduct constitutes fraud on the court and can result in serious consequences, including an adverse ruling on property division, contempt findings, or the reopening of a final judgment if hidden assets are discovered after the divorce is complete. Forensic accountants, subpoenas, and discovery tools are available to trace financial misconduct when there is credible reason to suspect it.

Do I need a separate attorney if we are doing an uncontested divorce with a property settlement?

Even in fully cooperative situations, having your own attorney review and finalize the marital settlement agreement is strongly advisable. An attorney working for both spouses cannot give either one independent advice. At Sandra Bonfiglio, P.A., the focus is on helping clients structure agreements that are genuinely fair and enforceable, not just signed. A property settlement that looks complete but omits a pension, misstates how debt is handled, or fails to address tax consequences can create serious problems after the divorce is finalized and becomes much harder to correct.

Broward County Property Division Representation Across South Florida

Sandra Bonfiglio, P.A. represents clients navigating property division disputes and uncontested divorce proceedings throughout Broward County and the surrounding South Florida region. From the neighborhoods of downtown Fort Lauderdale, Lauderdale Lakes, and Wilton Manors through the communities of Oakland Park, Tamarac, and North Lauderdale, the firm advises clients across the full northern stretch of the county. Representation also extends throughout the western and central communities of Plantation, Sunrise, and Lauderhill, as well as the southern Broward cities of Miramar, Pembroke Pines, Hollywood, Hallandale Beach, and Dania Beach. Clients in Coral Springs, Parkland, Coconut Creek, and Margate are also served, along with those in the coastal communities of Pompano Beach, Deerfield Beach, and Lighthouse Point. The firm additionally represents clients in St. Augustine and throughout St. Johns County, offering the same commitment to fair, well-structured property settlements in that market. Wherever you are located within Broward County or the surrounding region, the firm’s focus remains the same: reaching agreements that hold up over time and reflect the full value of what was built during the marriage.

Speak With a Broward County Property Division Lawyer About Your Situation

Property division in a Florida divorce is not a form to fill out. The decisions made during this process affect your financial stability for years, and getting them right requires a clear-eyed analysis of what you own, what you owe, and what a fair resolution actually looks like given the full history of your marriage. A Broward County property division lawyer at Sandra Bonfiglio, P.A. can walk you through that analysis, help you understand your options under Florida’s equitable distribution framework, and guide you toward a resolution that is both fair and enforceable. Contact the firm today to schedule a consultation and get a clearer picture of where you stand.