Florida, with its sunny beaches and relaxed atmosphere, is a popular destination for couples to build a life together. What happens if that life takes an unexpected turn and divorce becomes a reality?

One of the biggest issues divorcing couples in the Sunshine State face is the fate of their marital home. By exploring the legalities surrounding the role of a marital home in a Florida divorce and understanding the state’s equitable distribution laws, divorcing couples can better understand and navigate the various options available to them.

Equitable distribution: Dividing assets fairly

Unlike community property states where marital assets are automatically split 50/50, the Sunshine State operates under an equitable distribution system. This means the court will divide marital assets, including the house, in a way deemed fair by the judge.

Once the marital status of the house is established, the judge will consider various factors to determine a fair division. Some key considerations include:

  • Length of the marriage: Longer marriages may weigh towards a more equal split.
  • Financial contributions: Who made down payments, mortgage payments and improvements during the marriage?
  • Child custody: If there are minor children, the court might prioritize keeping them in the family home to minimize disruption.
  • The spouse’s ability to maintain the property: Can one spouse afford the upkeep and mortgage payments on their own?

There’s no one-size-fits-all solution for the house in a Florida divorce. Selling the house can be a clean break, providing both spouses with their share of the equity. One spouse can buy out the other spouse’s interest in the house, allowing them to remain in the home. One spouse can also keep the house, while the other receives other marital assets of equal value.

Navigating the division of ownership interests in a house during divorce can be a complex undertaking. By understanding the concept of equitable distribution, the factors judges consider and the available options, couples can approach the situation with greater clarity. Remember, communication and seeking legal guidance are essential steps toward achieving a fair and amicable resolution.

 

Aislynn Thomas McDonald Attorney Profile | Kelley Kronenberg

 

 

CONTACT: Aislynn Thomas-McDonald

PHONE: (305) 503-0850

EMAIL: athomasmcdonald@kelleykronenberg.com

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About Aislynn Thomas-McDonald and Kelley Kronenberg

Who is Aislynn Thomas-McDonald?

Aislynn Thomas-McDonald serves as Partner and Business Unit Leader at Kelley Kronenberg, where she focuses on family law and probate matters. Her comprehensive practice encompasses divorce, paternity, timesharing, child support matters, adoption, collaborative divorce, wills and trusts, guardianship, and elder law. Prior to joining Kelley Kronenberg, Aislynn established herself as a respected family law practitioner, earning an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®.

What makes Aislynn Thomas-McDonald's approach unique?

Aislynn strives to provide concierge support to her clients through understanding their objectives and goals, advising them honestly about the best course of action. She works to resolve issues without proceeding to litigation and then will advocate zealously when a case does move in that direction. Her commitment extends beyond legal practice through extensive community involvement and advocacy for domestic violence awareness, children’s legal advocacy, and women’s rights.

What services does Aislynn Thomas-McDonald offer at Kelley Kronenberg?
  • Divorce and legal separation
  • Child custody and timesharing
  • Child support and alimony

  • Prenuptial and postnuptial agreements

  • Adoption
  • Collaborative divorce
  • Domestic violence protection
  • Paternity matters
Why choose Kelley Kronenberg for family law matters?

By joining Kelley Kronenberg, Attorneys at Law, in 2025, Aislynn is able to continue offering concierge legal service with the resources of a full-service large law firm. This combination provides clients with personalized attention backed by comprehensive legal resources and support.

What areas does Aislynn Thomas-McDonald serve?

Aislynn is dedicated to providing top-quality legal services to residents throughout South Florida and the Florida Keys. Her practice is based in Miami and serves clients throughout the region with both local expertise and broader legal resources.

How can I schedule a consultation with Aislynn Thomas-McDonald?

To schedule a consultation with Aislynn Thomas-McDonald at Kelley Kronenberg, contact their Miami office. During your initial consultation, she will evaluate your specific situation, explain your legal options, and develop a strategy tailored to your unique circumstances and goals.

What should I expect during my first meeting?

Throughout every case, Aislynn demonstrates sensitivity to both the emotional and legal challenges her clients are facing and works to reach terms that are agreeable to all parties. Your first meeting will focus on understanding your situation, discussing your objectives, and outlining potential paths forward with honest, practical advice.

Does Aislynn Thomas-McDonald offer collaborative divorce services?

Yes, Aislynn Thomas-McDonald is experienced in collaborative divorce, which offers couples a way to resolve their differences outside of traditional litigation. This approach focuses on cooperation, open communication, and finding mutually beneficial solutions while minimizing emotional and financial costs.

How does Kelley Kronenberg support complex family law cases?

As a full-service law firm, Kelley Kronenberg provides access to specialists across multiple practice areas when family law cases involve complex financial matters, business valuations, tax implications, or other specialized legal issues that may arise during divorce or estate planning proceedings.