When couples go through a divorce in Florida, one of the most critical and often contentious issues is how assets and debts are divided. Florida follows the principle of equitable distribution, which doesn’t always mean a 50/50 split—but rather a fair one. If you’re facing divorce, understanding how equitable distribution works in Florida can help you navigate the process with greater clarity and confidence.
What Is Equitable Distribution?
In Florida, marital property is divided according to the principle of equitable distribution (Florida Statutes § 61.075). This means the court will divide assets and liabilities in a manner that is fair, not necessarily equal. The goal is to ensure that each spouse walks away with a reasonable share based on the circumstances of the marriage.
Marital vs. Non-Marital Assets
Before dividing anything, the court must determine which assets and debts are considered marital and which are non-marital:
- Marital Assets include:
- Property acquired during the marriage (real estate, bank accounts, investments)
- Retirement accounts and pensions earned during the marriage
- Debts incurred jointly or for the benefit of the marriage
- Non-Marital Assets include:
- Property owned before the marriage
- Inheritances or gifts received by one spouse alone
- Income from non-marital property (unless commingled)
How Courts Decide What’s Fair
While equitable often starts at a 50/50 presumption, the court can adjust the split based on a variety of factors, including:
- Length of the marriage
- Each spouse’s economic circumstances
- Contributions to the marriage (homemaking, childcare, supporting a spouse’s career)
- Interruption of personal careers or education
- Intentional waste or destruction of marital assets
- Desirability of retaining a business or professional practice
Common Misconceptions
1. “Everything gets split in half.”
Not necessarily. The court aims for fairness, not mathematical equality. Contributions and circumstances matter.
2. “If it’s in my name, it’s mine.”
Ownership title doesn't automatically determine whether something is marital property.
3. “Debts are his/her problem.”
Marital debts are also subject to equitable distribution—even if only one spouse incurred them.
Why Legal Guidance Matters
Equitable distribution can become especially complex in cases involving:
- Business interests
- High-value or hidden assets
- Real estate with mixed ownership
- Commingled funds
- Retirement or investment accounts
At Vette Law, we help clients understand their financial rights and pursue favorable outcomes through skilled negotiation and, when necessary, strong courtroom representation.
Final Thoughts
Divorce can be emotionally and financially taxing—but being informed about how Florida handles property division can help you feel more empowered during the process. Whether you’re considering filing or responding to a divorce petition, we’re here to guide you every step of the way.
Want to protect what matters most during your divorce?
📞 Contact Vette Law today for a confidential consultation.