High Net Worth Divorce Attorney in Miami

Florida divides marital property under Section 61.075, Florida Statutes, beginning with the premise that the distribution should be equal unless the statute’s factors justify an unequal split. When a marriage includes a business, investment real estate, retirement plans, or assets abroad, the key work is classifying, valuing, and disclosing each asset.

When a Divorce Involves Significant Assets

A high net worth divorce follows the same Florida statutes as any other divorce. What changes is the work: finding every asset, tracing its source, and valuing business interests, real estate, stock awards, trust interests, and property abroad.

Florida is not a community property state. Its equitable distribution statute, Section 61.075, Florida Statutes, states that it does not establish community property in Florida (see Is Florida a community property state?). Arturo R. Alfonso, P.A. handles these cases as part of its family law practice in Miami.

Marital and Nonmarital Property Under Section 61.075

Under Section 61.075(6), marital assets include:

• Assets acquired during the marriage by either spouse, individually or jointly.
• The enhancement in value of nonmarital assets resulting from either spouse’s efforts during the marriage or from marital funds.
• The marital interests in a closely held business.
• Gifts between spouses, although a gift of real property between spouses requires a writing that complies with Section 689.01.

Nonmarital assets include property owned before the marriage, inheritances and gifts received individually from someone other than your spouse, assets acquired in exchange for these, and assets excluded by a valid written agreement. Income from a nonmarital asset stays nonmarital unless the spouses treated, used, or relied on it as marital.

Classification uses a cut-off date: the earliest of a valid separation agreement, a date that agreement sets, or the filing of the petition.

Equal Division Is the Starting Point

Section 61.075(1) tells the court to begin with the premise that the distribution should be equal, unless relevant factors justify an unequal distribution. The factors include:

• Each spouse’s contributions to the marriage, including child care and homemaking.
• The parties’ economic circumstances and the length of the marriage.
• Interrupted careers or education, and contributions to the other spouse’s career or education.
• The desirability of keeping a business or professional practice intact and free from the other spouse’s claim or interference.
• Intentional dissipation or waste of marital assets after the petition is filed or within 2 years before it.

Commingling and Tracing

Commingling means mixing nonmarital money with marital money, such as depositing an inheritance into a joint account. Because assets acquired during the marriage are presumed marital, the spouse claiming a nonmarital interest needs records to overcome that presumption. If the money cannot be traced, the presumption may decide the question, so keep premarital statements and inheritance and gift records.

Businesses and Professional Practices

A business started during the marriage is generally marital. One owned before the marriage keeps its premarital value as nonmarital, but growth from either spouse’s work or from marital funds can be marital. Since a 2024 amendment, Section 61.075 makes fair market value the standard of value for a closely held business: the price a willing and able buyer and seller would agree on, with neither under compulsion and both reasonably informed.

For professional practices, goodwill can be the central question. Goodwill that is separate and distinct from the owner spouse’s continued presence and reputation is enterprise goodwill, a marital asset the court must value. The court must consider evidence that a sale may require a noncompete, but that evidence alone does not rule out enterprise goodwill.

Valuation generally involves a forensic accountant or business appraiser. Because the court may consider keeping a business intact and may order a lump sum or installment payment, the owner can keep the company while the other spouse receives offsetting value. See What happens to a business in a Florida divorce?

Retirement Plans, Stock Awards, and QDROs

Under Section 61.076(1), vested and nonvested benefits accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans are marital assets. Amounts accrued before the marriage or after the cut-off date are generally not marital, so older statements matter.

Employer plans are usually divided through a qualified domestic relations order (QDRO) directing the plan to pay the other spouse’s share. The IRS notes that a QDRO may not award a benefit the plan does not offer, so it should be drafted around the plan’s terms before the case closes. Stock options and restricted stock need similar care with grant dates and vesting schedules. See How is a 401(k) or pension divided in a Florida divorce?

The Marital Home and Investment Real Estate

A home bought during the marriage is presumed marital even if only one spouse is on the deed, and real property held as tenants by the entireties is presumed marital even if acquired before the marriage. The court may also consider keeping the marital home as a residence for a dependent child.

For real estate owned before the marriage, such as a rental property, mortgage principal paid down with marital funds is marital, along with a share of passive appreciation calculated under a formula in Section 61.075. See Who gets the house in a Florida divorce?

Mandatory Financial Disclosure

Florida Family Law Rule of Procedure 12.285 requires each spouse to serve a sworn financial affidavit and supporting documents within 45 days of service of the initial pleading on the respondent, unless the time is extended. The documents include:

• Personal income, gift, and foreign tax returns for the past 3 years.
• Corporate, partnership, and trust tax returns for the last 3 tax years if you have an ownership or interest.
• Bank, brokerage, and retirement statements for the past 12 months, and virtual currency statements with a list of current holdings.
• Any premarital or marital agreement between the spouses.
• Documents supporting any claim that an asset is nonmarital, was enhanced, or should be divided unequally.

Each spouse certifies under oath that the disclosure is complete and accurate, and must supplement it after any material change in finances.

Prenuptial and Postnuptial Agreements

Under Section 61.079, a premarital agreement must be in writing and signed by both parties, and it needs no consideration other than the marriage. It can govern property rights and the establishment, modification, waiver, or elimination of spousal support, but it cannot adversely affect a child’s right to support.

It is unenforceable if the challenging spouse proves it was not signed voluntarily; resulted from fraud, duress, coercion, or overreaching; or was unconscionable when signed, with no fair and reasonable financial disclosure, no written waiver of disclosure, and no adequate knowledge of the other’s finances.

Section 61.079 covers agreements made before the wedding. For agreements signed during the marriage, Section 61.075 treats assets excluded by a valid written agreement as nonmarital.

Privacy and Confidentiality

Under Rule 12.285, documents exchanged in mandatory disclosure are not filed in the court file without a court order, except the financial affidavit and child support guidelines worksheet. If both spouses agree, they can file a joint verified waiver so financial affidavits are exchanged but not filed. Mediation communications are confidential under Section 44.405, Florida Statutes, subject to its exceptions, and a negotiated settlement avoids a trial where finances are examined in open court.

Negotiation, Mediation, or Trial

1. Negotiation. The spouses, with counsel, work out a written settlement agreement, ideally after full financial disclosure.
2. Mediation. Under Section 44.102, a court may refer all or part of a case to mediation, and Family Law Rule 12.740 allows referral of contested family matters. Any agreement reached must be put in writing and signed.
3. Trial. In a contested case without an agreement, Section 61.075(3) requires written findings that identify nonmarital assets, value significant marital assets, and state who receives each asset and pays each debt.

Property division also affects alimony. Under Section 61.075(9), the court considers alimony after determining the equitable distribution, and Section 61.08 counts income generated from marital and nonmarital assets among the alimony factors. Learn more about alimony and spousal support in Miami.

High Net Worth Divorce in Miami-Dade County

Miami-Dade divorces are filed with the Clerk of the Court and Comptroller and heard in the Family Division of the Eleventh Judicial Circuit. Arturo R. Alfonso has 30 years of experience, and his practice includes family law, real estate law, and bankruptcy. He works with clients in English and Spanish.

Talk With Arturo About Your Situation

If your divorce involves a business, real estate, retirement plans, or other significant assets, call (305) 266-9584 or contact the office to request a free consultation. The office is at 7821 Coral Way, Suite 125, Miami, FL 33155. Se habla español.