Property Division in Uncontested Divorce Florida (2026)

When you and your spouse agree on how to divide everything, property division in an uncontested Florida divorce is settled by your own written Marital Settlement Agreement rather than by a judge. Florida follows equitable distribution under Florida Statute 61.075, meaning marital assets and debts are divided fairly. Our firm prepares your uncontested divorce statewide for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate).

This guide explains how property division uncontested divorce florida cases actually work, what counts as marital versus separate property, how to handle the house and retirement accounts, and the exact Florida forms involved. As a no-fault state under F.S. 61.052, Florida does not require you to prove wrongdoing, and in an uncontested case you control the outcome by agreement.

How Does Property Division Work in an Uncontested Florida Divorce?

In a contested divorce, a judge applies equitable distribution under F.S. 61.075 and decides who gets what. In an uncontested divorce, you and your spouse make those decisions yourselves and record them in a Marital Settlement Agreement (MSA). The court's role narrows to reviewing your agreement and entering a Final Judgment of Dissolution.

This is the central advantage of an uncontested case. Florida law still requires that the division be documented, but you are not subject to a judge's interpretation of what is fair. You define fair. The agreement must address every marital asset and every marital debt, because anything left out can resurface later.

The statutory framework matters even when you agree. F.S. 61.075 begins with a presumption of equal distribution, and judges reviewing an MSA generally approve agreements that are not unconscionable. Knowing the default rules helps you negotiate intelligently with your spouse before you sign. For a broader view of how agreement changes the entire process, see our guide on uncontested vs contested divorce in Florida.

What Counts as Marital Property Versus Separate Property?

Florida divides only marital property. Separate property stays with the spouse who owns it. Under F.S. 61.075, marital property includes assets and liabilities acquired during the marriage, regardless of which spouse's name appears on the title.

Marital property typically includes:

• The marital home and any real estate purchased during the marriage
• Bank accounts funded with income earned during the marriage
• Retirement accounts, pensions, and 401(k) contributions made during the marriage
• Vehicles, furniture, and personal property acquired during the marriage
• Business interests created or grown during the marriage
• Credit card balances, loans, and mortgages incurred during the marriage

Separate property generally includes:

• Assets owned before the marriage and kept separate
• Gifts and inheritances received during the marriage and kept separate
• Income from separate property, if it was not commingled
• Assets excluded by a valid prenuptial or postnuptial agreement

The complication is commingling. If you deposit an inheritance into a joint account or use it for shared expenses, that separate asset can become marital. Title alone does not control. Even in an uncontested case, you and your spouse should agree clearly in writing which assets are separate, because an unclear MSA invites future disputes.

What Is Equitable Distribution Under Florida Statute 61.075?

Equitable distribution florida is not the same as equal distribution. Florida is not a community property state. Under F.S. 61.075, the court starts with a presumption that marital assets and debts should be divided equally, then may adjust based on statutory factors when one spouse asks for an unequal split.

The factors a court considers under F.S. 61.075(1) include:

• Each spouse's contribution to the marriage, including homemaking and child care
• The economic circumstances of each spouse
• The duration of the marriage
• Any interruption of personal careers or education
• Contributions to the career or education of the other spouse
• The desirability of retaining the marital home for a dependent child
• Intentional dissipation, waste, or destruction of marital assets after the marriage broke down

That last factor matters. Under F.S. 61.075(1)(f), if one spouse ran up credit card debt, hid money, or liquidated retirement accounts in anticipation of divorce, a court may award a larger share to the other spouse to offset the waste. In an uncontested case, you bypass this judicial analysis entirely by agreeing on the division yourselves, but understanding it tells you what a court would likely do if negotiations broke down.

Who Gets the House in a Florida Divorce?

There is no automatic rule that decides who gets the house florida divorce questions hinge on what you and your spouse agree to. The marital home is usually the largest asset, and in an uncontested case you have three common options.

Whatever you choose, your MSA must spell out the refinance deadline, the buyout amount, who pays the mortgage in the interim, and what happens if a refinance fails. A vague provision here is the most common source of post-divorce conflict. An attorney-prepared MSA closes these gaps before they become problems.

How Are Retirement Accounts and Debts Divided?

Retirement accounts earned during the marriage are marital property under F.S. 61.075, even though only one spouse's name is on the account. Dividing them often requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator to transfer a portion to the other spouse without triggering early-withdrawal penalties.

Key points on retirement division:

• 401(k)s, pensions, and similar employer plans generally need a QDRO
• IRAs are usually divided by a transfer incident to divorce, not a QDRO
• Only the portion accrued during the marriage is marital
• The MSA should state the dollar amount or percentage each spouse receives

Debts are divided the same way as assets. Marital debts incurred during the marriage are split equitably regardless of whose name is on the account. Your MSA should assign each debt to a specific spouse and, where possible, require that spouse to refinance or transfer the balance so the other is not left liable. Remember that creditors are not bound by your MSA. If your spouse agrees to pay a joint credit card but does not, the creditor can still pursue you, which is why the agreement should include an indemnification clause.

What Forms Are Required to Divide Property in an Uncontested Divorce?

Florida uses standardized family law forms available at flcourts.gov, and filing is done through the Florida Courts E-Filing Portal at myflcourtaccess.com. The forms you need depend on which uncontested path fits your case.

There are two uncontested paths under Florida law:

• Simplified dissolution under F.S. 61.052(2), using Form 12.901(a). This requires no minor or dependent children, neither spouse seeking alimony, agreement on property and debt division, and both spouses appearing at the final hearing. It is faster but waives the right to trial and to financial disclosure.
• Regular uncontested dissolution, using Form 12.901(b)(1) when there are no dependent or minor children, or Form 12.901(b)(2) when there are children. This path is resolved through a written Marital Settlement Agreement and, if there are children, a Parenting Plan.

For property division specifically, the core documents are:

• The Marital Settlement Agreement. For simplified dissolution this is Form 12.902(f)(3). A regular uncontested case uses a comprehensive MSA covering all assets, debts, and any support.
• A Family Law Financial Affidavit, Form 12.902(b) short form or Form 12.902(c) long form, generally required within 45 days of service.
• Form 12.902(k), Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285, if both spouses agree to waive filing the affidavits.

Getting these forms right is where errors happen. Our guide on the Marital Settlement Agreement in Florida covers the MSA in depth, and our child support guide explains the additional forms when children are involved.

Simplified Dissolution Versus Regular Uncontested: Property Division Compared

The path you choose affects how property division is documented and how much protection you have. Both result in a divorce, but they differ in important ways.

Simplified dissolution is efficient for couples with no children, no alimony, and a clean property split. Regular uncontested dissolution gives more flexibility and more procedural protection, which matters when retirement accounts, a house, or business interests are involved. Either way, our flat attorney fee is the same $750 statewide.

How Much Does Property Division in an Uncontested Divorce Cost?

For an uncontested divorce where you and your spouse agree on dividing assets uncontested divorce terms, our firm prepares the entire case for a $750 flat attorney fee, the same price in all 67 Florida counties (court costs ~$408-$410 and notary are separate). That fee covers preparing and reviewing your petition, your Marital Settlement Agreement, and the supporting documents.

Compare that to traditional family law representation. A contested divorce commonly runs $5,000 to $7,500 or more once each spouse retains counsel hourly. The difference is not a discount on quality; it reflects that an uncontested case requires no litigation, no discovery battles, and no trial preparation.

Separate costs you should budget for:

• County filing fee, typically about $408 to $410
• Notary fees, often $50 or so per session
• Process server fees of $40 to $75 if your spouse must be served
• QDRO preparation if a retirement plan requires one

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. Our guide on whether you need a lawyer for an uncontested divorce explains the value of attorney-prepared documents versus non-lawyer typing services that cannot give legal advice or catch substantive errors in your property division.

What If You Disagree on Property Division?

An uncontested divorce requires agreement on all issues, including property, debts, time-sharing, child support, and alimony. If you and your spouse cannot agree on how to divide assets, the case is contested, and the $750 flat fee does not apply.

That said, many couples are closer to agreement than they think. Disagreement on one asset, such as the house or a retirement account, does not always require full litigation. Mediation can bridge the gap, and once you reach agreement on everything, the case becomes uncontested again. Our overview of divorce mediation in Florida explains when it helps.

If one spouse refuses to participate at all, that is a different problem. You may still be able to proceed by default rather than by agreement. See our guide on what to do when your spouse won't sign divorce papers in Florida.

Frequently Asked Questions

(See structured FAQ section below.)

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.