A Fair Division Is Not a Given. It Is Fought for and Won.
You want to walk away from this marriage with what you actually earned, not just what the other side is willing to offer. In Florida, equitable distribution turns on how each asset is classified, when it was acquired, and how it was used during the marriage, and getting that analysis right early is a critical step toward pursuing a fair result.
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What Took Years to Build Gets Divided in One Proceeding
Fair does not mean equal, and in Palm Beach Gardens, that distinction decides who walks away with what. The court looks at how assets were acquired, what each spouse contributed, and whether something counts as marital or separate property. Cabanas Law Firm works with financial professionals to value businesses, trace hidden assets, and make sure the full picture is on the table before anything gets divided.
"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
Property division in high-asset cases often involves business valuations, debt allocation, and alimony calculations that directly influence each other. Our Palm Beach Gardens property division attorneys coordinate across these connected areas so you maintain visibility over every moving part of your financial outcome.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
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Asset & Debt Division
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Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
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DomesticViolence
Your Case Won't Wait. Neither Will We.
The firm you choose will either protect what you have built or make it harder to keep. We built our practice to take that weight off you, not add to it. Here is how we do things differently for property division cases in Palm Beach Gardens.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
What matters most in a property division case in Palm Beach Gardens is that nothing of value gets overlooked, because assets that are mischaracterized or undisclosed early in the process can change the outcome significantly. Our Palm Beach Gardens property division attorneys follow a structured process that begins with building a complete picture of everything at stake, including what was accumulated, when, and how. From there, we work to ensure the approach reflects the full value of what you have built over the years. Every decision made during this process carries long-term financial weight, so each step is handled with that in mind.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Struggling to figure out which assets are marital and which are not? These answers cover how Florida courts divide property and what most people miss.
Absent a prenuptial or postnuptial agreement stating otherwise, Florida uses equitable distribution, which means marital assets and debts are divided fairly between both spouses. Equitable does not mean equal. The court starts with a presumption that everything acquired during the marriage is marital property, regardless of whose name is on the title or who earned the income. From there, the court evaluates whether an equal or unequal split is appropriate.
The court has wide discretion in how it divides property. Factors that can justify an unequal distribution include each spouse's financial contributions, the duration of the marriage, whether one spouse sacrificed career or educational goals to support the other, the economic circumstances of each party, and whether either spouse intentionally wasted marital assets.
Even assets held in only one spouse's name are presumed marital if acquired during the marriage. That presumption can be rebutted with evidence, but the starting point favors inclusion. The distinction between what is marital and what is not is often the most contested part of the case, and it is where the outcome is shaped. An attorney who understands how courts in your county apply these factors can help you build the strongest position.
Marital property includes everything acquired during the marriage by either spouse, regardless of whose name is on it. Non-marital property includes assets owned before the marriage, inheritances received by one spouse, and gifts made specifically to one spouse from someone outside the marriage. The distinction matters because only marital property is subject to division. Non-marital property always stays with the spouse who owns it, unless otherwise agreed.
The lines between marital and non-marital property blur more easily than most people expect. If a premarital asset is commingled with marital funds, it can lose its non-marital character. A bank account one spouse owned before the marriage that receives deposits from marital income during the marriage becomes harder to classify. A home purchased before the marriage but titled in both names as husband and wife may convert to a marital asset under what the law calls tenancy by the entireties. Personal goodwill is another category that factors into the analysis.
Tracing the origin and history of an asset is how the classification gets established. For personal goodwill, it is considered that if the owner would be required to sign a noncompete agreement if he or she sold the business, then the business is primarily a personal goodwill business. The longer the marriage and the more assets were mixed together, the harder it becomes to separate what belongs to whom. This is one of the areas where preparation and documentation matter most.
A business acquired or established during the marriage is considered a marital asset subject to equitable distribution. The court determines its value based on fair market value: what a willing buyer would pay a willing seller, with both having knowledge of the relevant facts. This applies whether the business is a sole proprietorship, a partnership interest, or a closely held corporation.
Business valuation goes beyond the balance sheet. The court considers the enterprise goodwill of the business, which is the value of the business apart from the personal reputation or skill of the spouse who runs it. A franchise location has enterprise goodwill because customers come for the brand, not the owner. A solo medical practice may have less enterprise goodwill because the patients follow the doctor.
Forensic accountants and business valuation experts are commonly used to establish what a business is worth. If one spouse retains the business, the other is typically entitled to half of the fair market value as an equalization payment, either through a lump sum, an offset from other assets, or a structured payout. If your spouse owns or operates a business, understanding its value early in the case is critical to protecting your share.
They can try. It happens more often than people expect. One spouse may move money into accounts the other does not know about, undervalue a business, transfer property to family members, or accumulate unreported cash income. Florida's discovery process is specifically designed to uncover these tactics, and the consequences for hiding assets can be severe.
The discovery process gives both parties the legal right to request financial documents from the other side: bank statements, tax returns, business records, credit card statements, and retirement account statements. If one spouse fails to disclose assets or provides incomplete information, the court can compel production and sanction the non-compliant party.
When hidden assets are suspected, forensic accountants can trace funds through bank records, analyze lifestyle versus reported income, and identify transfers that do not match the financial disclosures. If the court finds that one spouse intentionally concealed or dissipated marital assets, it can impose an unequal distribution in the other spouse's favor. The statute specifically addresses dissipation that occurs within two years before the filing or after the filing.
The spouse who controls the finances often has an information advantage early in the case. Closing that gap through discovery is one of the first things an attorney should address.
The marital home is typically the largest asset and the largest liability in the marriage. If the parties cannot agree, the court decides whether to order a sale and split the proceeds, or allow one spouse to retain the home and buy out the other's marital interest. The court evaluates whether retention is financially feasible and whether minor children need housing stability.
If one spouse wants to keep the home, they generally need to refinance the mortgage in their name alone and pay the other spouse their share of the equity. In practice, that means qualifying for the refinance on a single income and having enough liquid assets or offsetting marital property to cover the buyout. Courts are extremely reluctant to award exclusive use of the home now given the financial difficulty it can create for the other spouse.
Courts give weight to whether minor children are involved. A parent who remains in the home with the children may be allowed to retain it until the youngest child reaches majority, especially if the arrangement provides stability. The other spouse receives an equalization payment or an offsetting share of other marital assets.
If neither spouse can afford to keep the home, or if retention is not financially feasible, the court will order a sale. The timing and terms of that sale can be negotiated, but if the parties cannot agree, the court sets the terms. How the house fits into the broader financial picture of the divorce is something an attorney should evaluate before either side makes assumptions.
Yes. Retirement accounts, pensions, profit-sharing plans, annuities, deferred compensation, and insurance plans acquired during the marriage are all considered marital assets subject to equitable distribution. This applies regardless of whether the account is vested or non-vested, and regardless of which spouse earned the contributions.
The marital portion of a retirement account is typically the value that accrued between the date of marriage and the date of filing. Contributions made before the marriage or after the filing are generally non-marital, though growth on pre-marital balances during the marriage can complicate the analysis.
Dividing a retirement account requires different instruments depending on the account type. A Qualified Domestic Relations Order is used for 401(k)s, 403(b)s, and some types of pensions. A Judicial Order is used for IRAs and certain other types of pensions. Getting these orders drafted correctly matters, because errors can result in tax liability or delays in receiving the funds.
Many people do not realize the full value of retirement assets until the financial disclosures are complete. A pension that one spouse earned over a 20-year career can represent a significant portion of the marital estate. Identifying and valuing these accounts early in the process ensures they are factored into the overall distribution.
If one spouse intentionally wasted marital assets on an extramarital relationship, gambling, substance abuse, or other non-marital purposes, the court can treat that spending as dissipation. The statute specifically allows the court to consider intentional dissipation that occurred within two years before the filing or at any point after the filing. The remedy is typically an unequal distribution in the other spouse's favor.
Dissipation claims require evidence. This principle is true with money because money is fungible — marital funds spent on non-marital purposes can be traced and offset. However, it is not true with real property. Spending marital funds on a nonmarital house does not make that house marital. However, if the funds are spent on mortgage payments or upgrades to a nonmarital property, it creates an equitable interest out of which the other party must be compensated.
Credit card statements, bank records, and financial disclosures are the primary tools for establishing a pattern. If the court finds dissipation occurred, it can credit the non-dissipating spouse with at least half of the amount that was wasted. Preserving evidence of dissipation early is important. Financial records can be harder to obtain as time passes, and the two-year lookback window means that spending patterns before the filing may be just as relevant as spending after it. An attorney can advise you on what records to gather and how to present the claim effectively.
The distribution of significant assets like real estate, retirement funds, and business holdings can impact your long-term financial position. When you are ready to move forward, a confidential Case Evaluation is a sensible way to start.
We use this call to confirm that we handle the specific types of assets involved in your matter and to verify that your case falls within our service area in Palm Beach County. We also check for any conflicts of interest so we can determine if we are the right fit for you.
Contact our property division team in Palm Beach Gardens to take the next step.
