Florida divides marital property equitably — a presumption of equal division, adjusted by statutory factors. Non-marital property is generally not divided, but commingling can change that.
Quick Answer
Equitable distribution under Fla. Stat. § 61.075 divides marital assets and debts fairly, starting with a presumption of equal division and adjusting based on contribution, economic circumstances, marriage duration, career interruption, and other factors. Non-marital property (pre-marital, inherited, gifted, or excluded by prenup) is generally not divided — but commingling can convert it. Free consultation: 877-862-7188.
Step 1: Classify. Each asset and debt is classified as marital, non-marital, or mixed. Marital is generally anything acquired during the marriage from marital efforts. Non-marital includes pre-marital property, inheritance, gifts to one spouse, and any property excluded by a valid prenup. Mixed-character assets (e.g., a pre-marital home where mortgage was paid down during marriage) are split.
Step 2: Value. Each asset is valued, typically as of the date of filing or trial. Real estate uses appraisals; closely held businesses require valuation experts; retirement accounts use plan statements; complex assets (executive comp, deferred compensation, partnership interests) require specialized analysis.
Step 3: Distribute. Florida starts with a presumption of equal division. The court then adjusts based on the § 61.075(1) factors: contribution to the marriage including homemaking; economic circumstances; duration of marriage; career interruption; contribution to the other spouse’s career; desirability of retaining a specific asset; intentional dissipation; and any other relevant factor.
Tracing matters. The party claiming non-marital character bears the burden of proof. Bank statements, deeds, gift documentation, and source-of-funds records are typically required. Without documentation, “non-marital” claims often fail.
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