Florida Divorce Property Division

What the Law Says

Florida courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In Florida, an equal division is the statutory starting point, adjustable under the factors below.

Florida's §61.075(1) requires courts to “begin with the premise that the distribution should be equal” and to justify any unequal distribution of marital assets and liabilities under the statute's ten factors (§61.075(1)(a)-(j)): contribution to the marriage including child care and homemaking; economic circumstances; the duration of the marriage; interruption of careers or education; contribution to the other spouse's career or education; the desirability of retaining an asset (including a business interest) free from claim by the other party; contribution to the acquisition, enhancement, and improvement of assets; retaining the marital home for a dependent child; intentional dissipation within two years before filing; and any other factor necessary to do equity and justice. Non-marital assets are not distributed.

Division Factors (Fla. Stat. §61.075)

What Florida courts weigh:

1. Contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker (§61.075(1)(a))
2. Economic circumstances of the parties (§61.075(1)(b))
3. Duration of the marriage (§61.075(1)(c))
4. Any interruption of personal careers or educational opportunities of either party (§61.075(1)(d))
5. Contribution of one spouse to the personal career or educational opportunity of the other spouse (§61.075(1)(e))
6. Desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party (§61.075(1)(f))
7. Contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital and nonmarital assets (§61.075(1)(g))
8. Desirability of retaining the marital home as a residence for any dependent child, when it would be equitable and financially feasible (§61.075(1)(h))
9. Intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to filing (§61.075(1)(i))
10. Any other factors necessary to do equity and justice between the parties (§61.075(1)(j))

Common Questions