Equitable Distribution

What Is Equitable Distribution?

Florida is an equitable distribution state. When a married couple divorces (dissolution of marriage), the court does not automatically split everything 50/50. Instead, under Florida Statute 61.075, the judge divides marital assets and debts in a manner that is "equitable" (fair), which may or may not be equal.

The Process

1. Identify — The court identifies all assets as either "marital" (acquired during the marriage) or "non-marital" (owned before marriage, or received as a gift or inheritance).
2. Value — Each marital asset is assigned a fair market value, typically through appraisals for real estate and expert valuations for businesses.
3. Distribute — The court distributes the assets equitably, considering the statutory factors.

Statutory Factors

Florida Statute 61.075 lists the factors the court must consider:

• The contribution of each spouse to the marriage (including homemaking and child-rearing).
• The economic circumstances of each spouse.
• The duration of the marriage.
• Any interruption of career or educational opportunities.
• The contribution of one spouse to the career or education of the other.
• The desirability of retaining any asset intact and free from any claim (like keeping a business operational).
• Whether either spouse intentionally wasted, depleted, or destroyed marital assets ("dissipation").

Real Estate Division

The marital home is often the most contested asset. The court may: (1) award the home to one spouse and offset the equity with other assets, (2) order the home sold and proceeds divided, or (3) allow one spouse to remain in the home for a period (especially if minor children are involved) with a deferred sale.

Related Terms

• Dissolution of Marriage — The proceeding where equitable distribution occurs
• Appraisal — The valuation tool for marital real estate
• Homestead — Special protections that complicate real estate division

Barnes Walker Family Law

Barnes Walker's family law attorneys aggressively protect Florida clients' property interests in equitable distribution proceedings, retaining expert appraisers, tracing non-marital contributions, and pursuing dissipation claims when a spouse has wasted marital assets. Request a legal inquiry for assistance.

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