Florida uses equitable distribution (Fla. Stat. § 61.075) for marital property division — not community property. The starting point is 50/50, but Jacksonville courts consider multiple factors including economic circumstances, duration of marriage, and each spouse’s contribution. Duval County Circuit Court (Family Division, 501 W. Adams St., Jacksonville, FL 32202) handles divorce. Active duty NAS Jacksonville and Naval Station Mayport personnel can invoke SCRA to stay divorce proceedings for 90 days. Florida homeowner’s insurance crisis adds a unique holding cost pressure that accelerates the need for resolution.
Florida Equitable Distribution: How It Differs From Community Property
Florida is NOT a community property state. Florida uses “equitable distribution” under Fla. Stat. § 61.075. Equitable distribution means the court divides marital assets and liabilities in a manner that is equitable — presumptively 50/50, but adjustable based on statutory factors.
Factors Florida courts consider when departing from 50/50 (Fla. Stat. § 61.075(1)):
- Economic circumstances of each party after distribution
- Duration of the marriage
- Any interruption in personal career or educational opportunities by either spouse
- The contribution of each spouse to the marriage (including homemaking and childcare)
- Desirability of retaining the marital home for a spouse with minor children
- Intentional dissipation, waste, depletion, or destruction of marital assets
Practical reality: In most Jacksonville divorces involving a marital home of typical value ($295,000 to $345,000), the result is close to 50/50. Significant deviation requires compelling evidence of factors above.
Marital vs. separate property in Florida:
- Marital assets: Assets acquired during the marriage with marital funds (including the marital home); title alone doesn’t determine marital vs. separate character in Florida
- Separate property: Assets acquired prior to marriage; assets received by gift or inheritance during the marriage; income and appreciation of separate property if kept separately; assets excluded by prenuptial agreement
Duval County Circuit Court: How Jacksonville Divorce Proceeds
Duval County Circuit Court, Family Law Division is located at 501 W. Adams St., Jacksonville, FL 32202 (4th Judicial Circuit).
Florida is a no-fault divorce state — dissolution of marriage requires only the allegation that the marriage is “irretrievably broken.” No-fault grounds do not require separation, and neither spouse must prove wrongdoing.
Automatic Temporary Injunction (ATI): In every Florida dissolution of marriage, the court issues an ATI that prohibits either spouse from dissipating marital assets (including depleting equity or failing to maintain the marital home). The ATI requires both spouses to maintain existing insurance coverage — including homeowner’s insurance. Given Florida’s insurance crisis, this means both spouses are obligated to maintain coverage during the divorce.
SCRA: Protecting NAS Jacksonville and Mayport Military Divorce
The Servicemembers Civil Relief Act (SCRA) applies to divorce proceedings:
90-day stay of proceedings: An active duty servicemember at NAS Jacksonville or Naval Station Mayport can request a 90-day stay of the divorce proceedings. The court must grant this stay if the servicemember’s military service materially affects their ability to participate in the proceedings.
Extension beyond 90 days: After the initial 90-day stay, the court can grant additional stays for the duration of active duty if the servicemember remains unable to participate.
Practical impact: A deployment to a carrier group from Naval Station Mayport or overseas assignment from NAS Jacksonville can stay the divorce — and the marital home sale — for months. Both spouses should understand that SCRA stays affect the entire divorce timeline, not just property division.
Three Options for the Jacksonville Marital Home in Divorce
Option 1: Sell and Split Proceeds
Both spouses agree to sell. Net proceeds are divided per the divorce decree or interim agreement. A cash sale in 7 to 14 days provides a definitive, fast resolution — particularly valuable when Florida insurance premiums are accumulating monthly and neither spouse wants to maintain the home during a contested divorce.
Florida insurance ATI consideration: The ATI requires maintaining insurance. If the home goes uninsured during the divorce, either spouse can be held in contempt. A quick sale eliminates this obligation.
Option 2: One Spouse Keeps the Home
The keeping spouse refinances the mortgage in their own name and pays the other spouse their equitable share. The key challenge in Jacksonville in 2026: refinancing at 7.5%+ while also qualifying to buy out the other spouse’s equity.
Save Our Homes consideration: If the keeping spouse is not currently on the homestead exemption, or if the divorce results in a “change in ownership” that triggers a reassessment, property taxes may increase significantly.
Option 3: Deferred Sale
Both spouses co-own the home after divorce, with a deferred sale triggered by a specific event (youngest child reaching 18, keeping spouse’s remarriage, etc.). Duval County courts can order deferred sale when minor children’s stability interests outweigh immediate sale.
Deferred sale risk in Florida: The keeping spouse bears the ongoing insurance obligation. If Florida insurance premiums continue rising, the keeping spouse’s cost structure may become unsustainable — creating pressure to sell before the trigger event.
Option 4: Refusal to Cooperate — Court Compels Sale
If one spouse refuses to cooperate with the sale, the cooperating spouse petitions Duval County Circuit Court for an order of sale. Florida courts routinely grant these orders for marital homes. The court can appoint a receiver or special magistrate to execute the sale documents if a spouse refuses to sign.
Both Spouses Must Sign the Deed
Regardless of whose name appears on the title, Florida law requires both spouses to sign the deed for any conveyance of Florida real property if the property is or may be subject to a homestead claim. Florida title companies require both spouses to sign to provide clear title insurance.
Get a cash offer on your Jacksonville divorce home →
For the comprehensive nationwide divorce home sale guide, see: Selling a House During Divorce: What Both Spouses Must Know →
For the full overview of Jacksonville fast-sale options, see: Sell My House Fast Jacksonville FL: Every Real Option in 2026
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