Several vacation homes on the shore of the ocean as a yacht sits in the water.

Who Gets the House in a Divorce in Florida?

For multiple news cycles, the marriage woes of NFL legend Tom Brady and international supermodel Gisele Bundchen have been front and center. According to, the cause of the celebrity couple’s alleged marriage problems may stem from Brady’s decision to play another season after retiring earlier this year. Bundchen has apparently wanted Brady to retire for years and having him finally retire only to unretire a few weeks later may have been too much for her to bear.

If Brady and Bundchen do decide to call it quits, one of the issues they may have to work out involves the multimillion dollar mansion they are having built on Indian Creek Island in Miami. Reportedly, the plot alone, which they purchased in 2020, cost them $17 million. The mansion they’re having built on the plot is reportedly massive. It is unclear if construction on the home has been halted or has continued despite the couple’s marital problems.

How Does Division of Marital Property Work in Florida?

Marriages often include marital property and non-marital property. Non-marital property includes assets or debts that one spouse acquired prior to marriage and assets or debts that one spouse acquired during marriage that are only in their name. Marital property includes assets and debts acquired during the marriage with marital funds or marital labor. Marital property also includes any assets or debts that have not been determined to be non-marital property.

In Florida, if spouses get divorced, each spouse generally keeps their non-marital property, and marital property is equitably distributed between the spouses. Equitable distribution involves each spouse receiving an equal share of the marital estate. There are factors that can result in one spouse receiving a larger share of the estate than the other. Factors that can impact equitable distribution include but are not limited to the following:

  • Length of the marriage
  • Each spouse’s income
  • Each spouse’s contribution to the marriage (financial, childcare, homemaking, et cetera)
  • One spouse intentionally wasting marital assets before or after filing for divorce

To learn how Orshan, Spann & Fernandez-Mesa has helped clients with division of marital property issues in Florida, check out our reviews.

To speak with our experienced divorce lawyers in Miami, give us a call at (305) 853-9161 or contact us online today to schedule a confidential consultation.