Marital Assets

Definition: Marital assets are all properties, income, and financial resources acquired by either spouse during a marriage, regardless of whose name is on the title. These assets typically include real estate, bank accounts, vehicles, retirement funds, and investments gained from the marital partnership. In Florida, marital assets are subject to equitable distribution upon divorce, meaning they are divided fairly, but not necessarily equally, between spouses.

Return to Glossary

Barnes Walker legal reference book
#ABCDEFGHIJKLMNOPQRSTUVWXYZ

What Are Marital Assets?

Marital assets are the property and debts acquired by either spouse during the marriage, which are subject to division if the marriage ends in divorce. They are distinguished from non-marital (separate) assets — generally property a spouse owned before the marriage, or received individually by gift or inheritance — which usually remain that spouse's own.

Marital vs. Non-Marital Property in Florida

Equitable Distribution

Florida is an equitable distribution state under § 61.075, Florida Statutes. In a divorce, marital assets and liabilities are divided fairly — which the law presumes means equally, unless factors justify an unequal split (such as one spouse's contribution, the duration of the marriage, or intentional waste of assets). Classifying and valuing property as marital or non-marital is often the central battleground, especially with a home, business, or retirement accounts.

Related Terms

Barnes Walker

Barnes Walker's attorneys handle Florida property, title, and asset matters that arise in marital and family contexts. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. § 61.075

Florida’s equitable distribution statute governs the classification of marital and non-marital assets and liabilities and their fair division in a dissolution of marriage.

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

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

Trust • Experience • Results

Ready to Get Started?

Contact our team for a consultation. We'll guide you through the process.

Legal Inquiry Title Inquiry