Equitable Distribution in Florida: How Courts Divide Marital Property

What Equitable Distribution Means

Florida follows the principle of equitable distribution when dividing marital assets and debts during a divorce. Unlike community property states that split assets 50/50 by default, Florida divides property based on what is fair, which is not always equal. The goal is to reach an outcome that reflects each spouse’s financial circumstances, contributions to the marriage, and future needs. Understanding how equitable distribution works helps spouses prepare for the financial aspects of divorce.

Identifying Marital vs. Non-Marital Assets

Before anything can be divided, the court must categorize each asset and debt. Florida law recognizes two types of property: marital and non-marital.

Marital Property

Marital assets generally include property acquired during the marriage, regardless of which spouse’s name is on the title. Common examples include:

Income earned by either spouse

Homes or real estate purchased during the marriage

Retirement accounts accumulated during the marriage

Vehicles, furniture, and personal property

Bank accounts and investments

Businesses started or expanded during the marriage

Marital debts—such as credit card balances, loans, and mortgages—are also part of the distribution process.

Non-Marital Property

Non-marital property belongs to one spouse individually. These assets are not subject to division unless they become mixed with marital property. Non-marital assets may include:

Property owned before the marriage

Inheritances left to one spouse

Gifts received individually

Certain personal injury settlements

Disputes often arise when non-marital assets become commingled with marital funds or when appreciation occurs during the marriage.

How Courts Determine Fair Distribution

While Florida courts often start with the idea that a 50/50 split is fair, they may adjust the division if equal distribution would be unreasonable. Judges review numerous factors under Florida Statute § 61.075 to determine what is equitable. These factors help ensure the outcome reflects both spouses’ circumstances during and after the marriage.

Key Factors That Influence Distribution

Length of the marriage

Economic circumstances of each spouse

Contributions to the marriage, including caregiving or homemaking

Career sacrifices one spouse made to support the other

Intentional depletion of marital assets

Desirability of keeping certain assets (such as a business or home)

Liability for debts incurred during the marriage

Courts also consider whether either spouse wasted marital assets, such as through excessive spending, gambling, or supporting a separate relationship.

Valuing Assets Before Distribution

Accurate valuation is essential in an equitable distribution case. Assets may be valued through appraisals, financial records, or expert testimony. Real estate, savings accounts, businesses, retirement funds, and investment portfolios all require clear and current valuation. Because market conditions can change, courts often use the value closest to the trial date or settlement agreement.

Handling Retirement and Investment Accounts

Retirement accounts earned during the marriage are generally marital, even if held in one spouse’s name. Pensions, 401(k)s, IRAs, and similar accounts may be divided using a Qualified Domestic Relations Order (QDRO) or a similar legal tool. Investment accounts and stock portfolios follow the same marital vs. non-marital rules.

Special Considerations for the Marital Home

The marital home often represents the most significant asset. Courts consider factors such as:

Whether children should remain in the home temporarily

Each spouse’s ability to maintain the property

Financial feasibility of refinancing or selling

Emotional and practical considerations

A spouse may receive temporary exclusive use of the home, with final division occurring later through sale or buyout.

Debts Are Divided Too

Equitable distribution applies to debts as well as assets. Credit cards, medical bills, business loans, and mortgages accumulated during the marriage are typically divided between spouses. Courts review who incurred the debt, why it was incurred, and who benefited from the expenditure.

Why Understanding Distribution Matters

Equitable distribution influences a spouse’s financial future long after the divorce is finalized. Knowing how assets and debts are categorized, valued, and divided helps individuals prepare for negotiations and avoid unexpected outcomes. Understanding the process also helps spouses make informed decisions about settlement proposals and long-term financial planning.