Is Florida a Community Property State?

Community property is a system where property acquired during the marriage is considered to be owned jointly by both spouses. Community property states use the law to classify all assets, including income, real estate, personal property, and bank account, as jointly owned. Community property assets are divided in a divorce, no matter who is on the title for the property.

Community Property in Florida

Like most states, Florida does not use community property. Instead, Florida uses equitable distribution. Equitable distribution means that individually acquired assets during marriage are owned separately. In a divorce, all assets are divided fairly. The distribution does not need to be equal, however.

Implications for Asset Protection

In Florida, property is considered to be either separate property or joint property. Separate property is owned by one spouse alone, while joint property is owned by both spouses. Joint property can sometimes be held as tenants by entireties.

A creditor of one spouse cannot collect against the separate property belonging to the non-debtor spouse. The creditor of one spouse is ordinarily entitled to 50% of the value of the joint property belonging to both spouses. However, property owned as tenants by entireties is fully exempt from a creditor of one spouse alone.

In a community property state, a creditor of one spouse is entitled to half the value of all community property. This means that a creditor can collect against property acquired by the non-debtor spouse during the marriage even if that property is held solely in their name.

You should prepare for a property division process that aims for fairness based on various factors, rather than an automatic 50/50 split.

How Florida Handles Marital Property

Even though Florida is not a community property state, it does follow clear rules for dividing property during divorce. Florida uses an “equitable distribution” standard, which means courts divide marital property in a way that is fair, but not necessarily equal. Factors such as each spouse’s financial circumstances, contributions to the marriage, and responsibilities for children may influence how property is divided.

Marital property in Florida generally includes any assets or debts acquired during the marriage, regardless of whose name is on the title. Non-marital property—such as assets owned before the marriage or received by inheritance—is typically excluded, unless it has been commingled with joint property.

Does Florida Recognize Community Property from Other States?

If a couple moves to Florida from a community property state, Florida courts may still treat certain assets under community property principles for estate administration purposes. This is particularly relevant when one spouse dies and their estate includes property acquired in a community property state. In those cases, community property rules may still apply to determine how assets are distributed.

Florida does not automatically convert community property into separate property, but married couples who want to maintain the character of their out-of-state property should consider a written agreement. Couples may also want to explore setting up a community property trust if they wish to preserve community property treatment for tax planning.