Does Equitable Distribution Mean an Equal Division of Property in a Florida Divorce?
Many people going through a divorce assume that marital property will automatically be divided equally between spouses. While Florida law often begins with a presumption of a 50/50 division, that does not necessarily mean every divorce results in an exactly equal split of assets and debts.
Florida follows a legal concept known as equitable distribution, which governs how marital assets and liabilities are divided during a divorce. Understanding how equitable distribution works can help you better evaluate what to expect in your case and avoid costly misunderstandings.
An experienced Tampa divorce lawyer can help you understand your rights and advocate for a fair distribution of property.
What Is Equitable Distribution in Florida?
Florida is an equitable distribution state, meaning courts divide marital assets and liabilities in a manner that is considered fair under the circumstances.
Unlike community property states, where assets are typically divided equally by law, Florida courts evaluate a variety of factors to determine what distribution is equitable.
However, Florida law does begin with the premise that an equitable distribution should generally be equal.
Under Section 61.075, Florida Statutes:
“[I]n distributing marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.”
In other words, courts usually start with a 50/50 framework — but that presumption can change depending on the facts of the case.
What Property Is Subject to Equitable Distribution?
Before property can be divided, the court must first determine whether an asset or debt is marital or nonmarital.
Generally speaking:
Marital Property
Marital assets and liabilities are typically subject to equitable distribution and may include:
- Income earned during the marriage;
- Real estate acquired during the marriage;
- Retirement accounts accumulated during the marriage;
- Businesses or business interests developed during the marriage;
- Bank accounts, vehicles, investments, and other marital assets; and
- Debts incurred during the marriage.
Nonmarital Property
Nonmarital assets are generally not divided in a divorce and may include:
- Property owned before the marriage;
- Inheritances received by one spouse individually;
- Certain gifts made solely to one spouse; and
- Assets excluded through a valid premarital or postnuptial agreement.
However, classification disputes can become complicated — particularly when separate assets are mixed with marital funds or appreciate during the marriage.
When Can a Florida Court Order an Unequal Distribution?
Although Florida law starts with the presumption that property should be divided equally, courts may order an unequal distribution when fairness requires a different result.
Section 61.075 identifies numerous factors a court may consider, including:
- Each spouse’s contribution to the marriage, including homemaking and child care;
- The economic circumstances of each party;
- The duration of the marriage;
- Career or educational interruptions made for the benefit of the marriage or family;
- Contributions by one spouse to the education or career advancement of the other;
- The desirability of retaining a particular asset, such as a business or marital residence;
- Contributions to acquiring, improving, or maintaining marital assets and liabilities;
- The desirability of keeping the marital home for dependent children when financially feasible; and
- The intentional waste, depletion, or dissipation of marital assets.
Courts may also consider any other factor necessary to do equity and justice between the parties.
For example, a court may award one spouse a larger share of marital assets if the other spouse intentionally dissipated funds, concealed assets, or if an equal division would otherwise be inequitable under the circumstances.
Does Equitable Distribution Always Mean a 50/50 Split?
No.
Although many divorce cases ultimately result in a relatively equal distribution of marital assets and debts, Florida law does not require a perfectly equal outcome in every case.
Equitable means fair, not necessarily identical.
Every divorce involves unique financial circumstances, and the ultimate division of assets may depend upon issues such as income disparity, the nature of the assets, the needs of the parties, business ownership concerns, or parenting-related considerations.
In many cases, spouses are able to negotiate a property settlement agreement outside of court that reflects their own priorities and financial goals.
Speak With a Tampa Divorce Lawyer About Property Division
Dividing marital assets and liabilities during a divorce can quickly become complicated, particularly when retirement accounts, real estate, businesses, investment accounts, or disputed property classifications are involved.
At The Law Office of Laura A. Olson, P.A., we help clients throughout Tampa and the surrounding areas navigate equitable distribution issues and protect their financial interests during divorce proceedings.
If you have questions about how property may be divided in your Florida divorce, contact an experienced Tampa divorce attorney to discuss your circumstances and legal options.
