Florida Family Law: Who Decides Where Stocks And Investments Are Divided?

July 8, 2024

Divorce can be a complex and emotionally challenging process, especially when it comes to dividing assets such as stocks and investments. In the state of Florida, the division of marital assets is governed by specific laws and guidelines to ensure fairness and equity for both parties involved. Understanding how stocks and investments are handled during a divorce is crucial for anyone going through this legal process.

Marital vs. Non-Marital Assets

In Florida, assets acquired during the marriage are generally considered marital property and are subject to equitable distribution upon divorce. This includes stocks, bonds, mutual funds, and other investments acquired by either spouse during the marriage, regardless of whose name is on the account or title.

Non-marital assets, on the other hand, typically include property owned by either spouse before the marriage or acquired by gift or inheritance during the marriage, which are generally excluded from the division process.

Equitable Distribution

Florida follows the principle of equitable distribution when dividing marital assets, including stocks and investments. Equitable distribution does not necessarily mean equal distribution; rather, it aims to divide assets fairly based on several factors such as:

  1. Contributions to the Marriage: The court considers each spouse’s contributions to the acquisition, enhancement, or appreciation of marital assets, including financial contributions and non-financial contributions such as homemaking or childcare.
  2. Duration of the Marriage: The length of the marriage is also taken into account, with longer marriages often resulting in more extensive asset distribution.
  3. Financial Circumstances: The economic circumstances of each spouse, including their income, earning potential, and financial needs post-divorce, are considered when determining asset division.
  4. Other Relevant Factors: The court may also consider other factors deemed relevant to the particular case, such as the health and age of each spouse, and any contributions that may have been made to the career or education of the other spouse.

Valuation and Distribution of Stocks and Investments

Valuing stocks and investments can be a complex task during divorce proceedings. Typically, the value of these assets is determined based on their fair market value at the time of the divorce. This may involve hiring financial experts or appraisers to assess the value accurately.

Once valued, stocks and investments can be distributed in several ways:

  • Direct Division: The stocks and investments themselves can be divided between the spouses, with each receiving a portion of the assets.
  • Offsetting: One spouse may receive other marital assets equivalent in value to their share of the stocks and investments, allowing for an equitable distribution without physically dividing the assets.
  • Sale and Division: In some cases, stocks and investments may be sold, and the proceeds divided between the spouses according to the court’s equitable distribution order.

Legal Guidance and Considerations

Navigating the division of stocks and investments during divorce requires careful consideration and often benefits from legal guidance. Consulting with a knowledgeable family law attorney in Florida can help ensure that your rights and interests are protected throughout the process. An experienced attorney can also provide valuable advice on strategies for asset division and negotiation, potentially helping to achieve a fair and satisfactory outcome.


Divorce proceedings involving stocks and investments in Florida follow the principle of equitable distribution, aiming to divide marital assets fairly between spouses. Understanding the laws and guidelines regarding asset division, as well as seeking competent legal counsel, are essential steps toward navigating this challenging process. By being informed and prepared, individuals can better advocate for their interests and work towards a resolution that supports their financial future post-divorce.

Need a Law Firm in Tavares, FL?

Welcome to K.J. Law P.A., where we provide superb legal service to clients in Tavares, FL. We pride ourselves on quality representation based on the best interest of our clients. Our attorneys have formal prosecution experience and handle many areas of practice: family law, divorce, mediation, criminal cases, and DUI/DWI cases. We are the lawyers you want but hope you don’t need: we understand the values of family and fairness, and we will fight honestly and fairly for you. Give us a call today. We are here to represent you from start to finish!

Categorised in:

K.J. Law P.A.