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
- Marital — assets and debts acquired during the marriage, regardless of whose name is on them; includes the increase in value of some assets due to marital efforts
- Non-marital — pre-marital property, and gifts or inheritances to one spouse, kept separate
- Commingling non-marital property with marital funds can convert it into a marital asset
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
- Ownership Interest — What is being classified and divided
- Tenancy by the Entireties — How married couples often hold title
- Schedule of Assets — Used to inventory property
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