Divorce for Business Owners in Florida — Protecting What You Built

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

For most business owners, the business is the largest single asset and the primary source of income. When divorce enters the picture, both come under scrutiny at the same time. The result is some of the highest-stakes equitable distribution work in Florida family law.

Which Florida Statutes Govern Equitable Distribution? (§ 61.075, as amended by ch. 2024-237)

Property division runs through Fla. Stat. § 61.075(1), which requires the court to begin from an equal split. The 2024 amendment (ch. 2024-237, effective 1 July 2024) added the closely-held-business valuation rules. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.075(1) — requires the court to set apart each spouse’s nonmarital property and to begin distribution from the premise that it should be equal, absent justification for an unequal split.
• § 61.075(1)(a)–(j) — lists the factors that can justify an unequal distribution, including contributions, economic circumstances, duration, career interruption, and the desirability of keeping a business intact.
• § 61.075(1)(i) — makes intentional dissipation, waste, depletion, or destruction of marital assets a factor when it occurs after filing or within 2 years before filing.
• § 61.075(3) — requires specific written findings identifying nonmarital assets, valuing significant marital assets, and assigning liabilities in any contested case without a stipulation.
• § 61.075(5) — permits an interim partial distribution on a sworn motion showing extraordinary circumstances.
• § 61.075(6)(a)1.b — makes the enhancement in value and appreciation of a nonmarital asset marital when it results from either party’s marital effort or the expenditure of marital funds.
• § 61.075(6)(a)1.c — supplies the coverture-fraction formula for the marital share of passive appreciation where marital funds paid down a mortgage on nonmarital real property.
• § 61.075(6)(a)1.e — makes all vested and nonvested retirement, pension, profit-sharing, annuity, deferred compensation, and insurance benefits accrued during the marriage marital assets.
• § 61.075(6)(a)1.f — sets fair market value as the standard of value for a closely held business and makes enterprise goodwill a marital asset the court must value.
• § 61.075(6)(a)2. — presumes real property held as tenants by the entireties is marital, whenever acquired.
• § 61.075(6)(b) — defines nonmarital assets: premarital property, noninterspousal gifts and inheritances, income from nonmarital assets not treated as marital, and assets excluded by valid written agreement.
• § 61.075(7) — fixes the cut-off date for classification as the earlier of a valid separation agreement or the filing of the petition, while leaving the valuation date to the judge.
• § 61.075(8) — presumes assets acquired and liabilities incurred after the date of marriage are marital, rebuttable by a showing to the contrary.
• § 61.075(9) — permits equitable distribution without regard to alimony, with alimony considered afterward.
• § 61.075(11) — abolishes special equity, which must now be pleaded as unequal distribution or as enhancement in value.
• § 61.076 — governs the distribution of retirement, pension, profit-sharing, annuity, and deferred compensation plans.
• § 61.16 — governs attorney’s and expert fee awards, including forensic accounting costs.
• § 61.08(1)(a) — governs the alimony forms considered after the estate is divided.
• Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991) — the Florida Supreme Court decision on enterprise goodwill in a professional practice.
• Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010) — the Florida Supreme Court decision on the marital share of passive appreciation, now codified at § 61.075(6)(a)1.c.
• § 61.021 — requires 6 months of Florida residency before the petition that fixes the classification cut-off date.
• § 61.052 — supplies the ground — an irretrievably broken marriage — for the dissolution in which the estate is divided.
• § 61.19 — bars entry of the final judgment dividing the estate until at least 20 days after the petition is filed, absent a showing that the delay would cause injustice.
• § 61.071 — authorizes temporary support and suit money while valuation and financial discovery proceed.
• § 61.30(2) — supplies the net income definitions applied when a divided asset produces income.
• § 61.14 — equitable distribution is final once entered, while support obligations remain modifiable under this section.
• § 44.102(2)(c) — refers parenting disputes to family mediation, the forum in which most property settlements are also negotiated.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)

“If there is goodwill separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill, which is a marital asset that must be valued by the court.” — Fla. Stat. § 61.075(6)(a)1.f

“The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” — Fla. Stat. § 61.075(7)

“The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” — Fla. Stat. § 61.075(1)(i)

Answers to the Questions the Statute Actually Decides

Does Florida split everything 50/50 under § 61.075(1)?

Not automatically. The statute requires the court to begin from the premise of an equal distribution, then permits an unequal split where the factors in paragraphs (a) through (j) justify it. Nonmarital property is set apart first and is not divided at all.

What date fixes whether an asset is marital under § 61.075(7)?

Classification is fixed at the earliest of a valid separation agreement, a date the agreement expressly sets, or the filing of the petition. Valuation is a separate question — the same subsection lets the judge pick whatever valuation date is just and equitable, and different assets may be valued on different dates.

Is business goodwill divisible in a Florida divorce?

Enterprise goodwill is. § 61.075(6)(a)1.f, added by ch. 2024-237 effective 1 July 2024, makes goodwill that exists separate and distinct from the owner spouse’s continued presence and reputation a marital asset the court must value. The statute uses the term “enterprise goodwill”; the phrase “personal goodwill” appears nowhere in it.

What happens if a spouse wastes or hides marital assets?

§ 61.075(1)(i) makes intentional dissipation, waste, depletion, or destruction of marital assets a statutory factor supporting an unequal distribution, and it reaches conduct within the 2 years before the petition was filed, not just conduct after filing.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

The Threshold Question: Marital or Non-Marital?

Before any valuation work matters, the business has to be classified. Under Fla. Stat. § 61.075:

• Business started during the marriage: Marital. The full value, less any non-marital capital contributions, is subject to equitable distribution.
• Business owned before the marriage: The pre-marital value is non-marital. The appreciation during the marriage caused by marital effort or marital funds (“active appreciation”) is marital. Appreciation from passive market growth alone is generally non-marital.
• Business inherited or gifted to one spouse: Non-marital at the date of receipt. Same active-appreciation analysis applies during the marriage.
• Business protected by a valid prenup or postnup: Treated according to the agreement, subject to Fla. Stat. § 61.079 enforceability standards.

The distinction matters enormously. A pre-marital business that appreciated $5M during a 15-year marriage might have $4M+ of marital active appreciation subject to equitable distribution — even though the spouse never worked at the business and was never on the title.

How a Business Is Valued

Florida courts rely on forensic accountants and business valuation experts. The standard methods:

Income Approach (most common)

Discounted cash flow or capitalization of earnings. Projects future cash flow and discounts to present value. Best for established businesses with stable earnings. The most subjective inputs are the discount rate and the normalization of owner compensation (more on this below).

Market Approach

Comparable transactions and public-company multiples. Works for industries with active M&A markets (e.g., professional practices, restaurants, software). Less reliable for niche or geographically-specific businesses.

Asset Approach

Net asset value — book value or liquidation value. Most appropriate for asset-heavy businesses (real estate, equipment-intensive operations). Often produces low valuations relative to income approach.

Both sides typically retain their own expert. Valuations from competing experts can differ by 2x or more in contested cases. The judge ultimately decides which approach (or blend) to credit.

Valuation Discounts: Marketability and Control

Two technical adjustments often substantially reduce the valuation of a closely-held business in divorce:

• Discount for lack of marketability (DLOM): Recognizes that interests in a private company are harder to sell than public stock. Typical DLOMs in Florida divorce range from 15% to 35%.
• Discount for lack of control: If the business owner holds less than a controlling interest (e.g., a 25% partnership share), the value is discounted for lack of control. Typically 10% to 25%.

These discounts are heavily litigated. The valuation expert’s justification matters, and judges scrutinize whether discounts are appropriate given the specific facts.

Normalizing Owner Compensation

This is the single most consequential adjustment in business owner divorces in Florida. Business owners often draw compensation that is either higher or lower than “reasonable” market compensation for the work they actually do.

• If the owner pays themselves more than reasonable compensation, the excess is treated as cash flow available to the business (and therefore inflates the valuation). It also can be treated as marital income available for alimony and child support.
• If the owner pays themselves less than reasonable compensation, the income side of the alimony equation looks lower than the family’s actual standard of living suggests. Forensic accountants reconstruct “normalized” compensation to reflect what an outside hire would earn for the same work.

The Double-Dipping Problem

Double-dipping occurs when the non-owner spouse receives both:

1. A share of the business value (built on projected future cash flows); AND
2. Alimony based on income the business is currently generating.

That can be economically duplicative. Florida courts and forensic accountants address this through careful normalization of owner compensation. When alimony is calculated, the owner’s income should reflect “reasonable compensation” rather than total business earnings. Otherwise the non-owner spouse is paid twice for the same dollar.

Sophisticated Florida case law addresses this in different fact patterns. The position you take depends on whether you are the owner spouse or the non-owner spouse.

What Actually Happens to the Business

Three common outcomes in Florida business owner divorces:

1. Owner keeps the business, pays equalizing payment. By far the most common. The owner retains the entire business, and the non-owner spouse receives offsetting assets (real estate, retirement accounts, cash) or a structured payment over time. Selling a business mid-divorce is rare.
2. Sell the business and divide proceeds. Uncommon but happens when neither spouse wants to continue operating it, or when the business cannot be financed for a buyout.
3. Co-ownership post-divorce. Extremely rare. Most courts and most parties want a clean break.

Protecting a Business: What You Can Do

Before the Marriage

• Prenuptial agreement. The cleanest protection. A properly drafted prenup under Fla. Stat. § 61.079 can classify the business as non-marital, exclude appreciation from equitable distribution, and cap alimony exposure.
• Document the pre-marital value. Get a contemporaneous valuation. It is the baseline against which active appreciation will be measured years later.

During the Marriage

• Postnuptial agreement. Available even after marriage, subject to the same § 61.079 standards. Often used when business has grown substantially or when a marriage is struggling.
• Pay yourself reasonable compensation. Don’t over- or under-pay. Under-paying funds the business at the family’s expense; over-paying makes the business look more valuable for distribution purposes.
• Keep clean books. Commingling personal and business expenses creates significant problems in divorce. Forensic accountants will find it.
• Avoid bringing your spouse into the business. A spouse who works in the business has a much stronger claim to active appreciation.

Once Divorce Is Imminent

• Do not sell, transfer, or restructure the business. Florida courts issue automatic temporary financial restraining orders. Any “asset moves” will be reviewed for dissipation, often with negative consequences.
• Pre-suit financial planning. Work with a forensic accountant before filing to understand the business’s true value and your realistic exposure.
• Hire counsel who has handled business owner divorces. The fact pattern is technically complex.

Related Reading

• High-Net-Worth Divorce in Florida — Complete Guide
• Florida Equitable Distribution Explained
• Dividing a Business in a Florida Divorce
• Hidden Assets in a Florida Divorce
• Florida Prenuptial and Postnuptial Agreements
• Florida Family Law Glossary — 32+ Plain-English Definitions
• How Florida classifies, values, and divides a company you own

The information on this page is for general informational purposes only and does not constitute legal advice. Florida business valuation and equitable distribution are fact-specific. Reading this article does not create an attorney-client relationship with Pazos Law Group.