Equitable Distribution Marital Property Division

Equitable Distribution of Marital Property in Florida

Equitable distribution is the legal process Florida courts use to divide marital property and debts during a divorce. Governed by Section 61.075, Florida Statutes, the process begins with a presumption of equal (50/50) distribution but allows the court to deviate when fairness requires a different allocation.

Marital vs. Non-Marital Property

• Marital property: Assets and debts acquired during the marriage, regardless of title
• Non-marital property: Assets owned before marriage, individual gifts, inheritances, and items excluded by prenuptial agreement
• Commingled assets: Non-marital property mixed with marital funds may lose its separate character

Factors the Court Considers

• Each spouse's economic circumstances and earning capacity
• Duration of the marriage
• Contributions to the marriage (including homemaking and child care)
• Whether either spouse intentionally dissipated, wasted, or destroyed marital assets
• The desirability of retaining the marital home for minor children
• Each spouse's contribution to acquiring specific assets

Real Estate in Divorce

Real property is often the largest marital asset. Courts may order:

• Sale of the property and division of proceeds
• Award of the home to one spouse with an equalizing payment
• Exclusive use for a period (typically until children reach majority)
• Refinancing to remove one spouse's liability

Related Terms

• Equitable Title — Beneficial interest in property
• Equity — The financial value subject to division
• Estate Planning — Post-divorce planning considerations

Barnes Walker Family Law

Barnes Walker's attorneys handle equitable distribution of marital property in Florida divorces, protecting clients' real estate interests and financial rights. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC