Property Division

Equitable Distribution Under Florida Law

Florida is an "equitable distribution" state under F.S. 61.075, meaning marital assets are divided fairly—though not always equally. Understanding the statute is critical to protecting your interests.

"The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution."— F.S. 61.075(1)

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Assets Subject to Division:

Real estate & marital homes
Business interests & professional practices
Retirement accounts (401k, IRA, pensions)
Investment portfolios & brokerage accounts
Bank accounts & savings
Vehicles, boats & recreational vehicles
Stock options & deferred compensation
Cryptocurrency & digital assets
Art, jewelry & collectibles
Debts & liabilities

Marital vs. Non-Marital Property

Under F.S. 61.075(6), courts must first classify each asset as marital or non-marital before determining how to divide it.

Marital Assets (F.S. 61.075(6)(a))

"Assets acquired and liabilities incurred by either or both spouses subsequent to the date of the marriage and not specifically established as nonmarital."

These are subject to equitable distribution regardless of whose name is on the title:

Home purchased during marriage
Retirement contributions made during marriage
Business started or grown during marriage
Joint and individual bank accounts
Appreciation of non-marital assets due to marital efforts or funds
Gifts between spouses during marriage
Real property held as tenants by entireties

Non-Marital Assets (F.S. 61.075(6)(b))

"Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets excluded from marital assets by valid written agreement."

These generally remain with the original owner:

Assets owned before marriage (if kept separate)
Inheritances received individually
Gifts from third parties to one spouse
Personal injury settlement proceeds (non-economic)
Income from non-marital assets (if not commingled)
Assets excluded by valid prenuptial agreement
Assets acquired after filing for divorce

The Commingling Trap

Even non-marital assets can become partially marital through "commingling":

"The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets..."— F.S. 61.075(6)(a)(1)

Example: A business owned before marriage that grew during the marriage due to your spouse's efforts or marital fund contributions may have a marital component even though it started as non-marital.

The 11 Statutory Factors Courts Consider

F.S. 61.075(1) requires courts to consider these factors when distributing marital assets. While equal division is the starting point, these factors can justify unequal distribution.

Contribution to the Marriage

Each spouse's contribution including services as homemaker

Economic Circumstances

Each party's financial situation and earning capacity

Marriage Duration

Length of the marriage (short, moderate, or long-term)

Career Interruptions

Sacrifices made for education or career of the other spouse

Future Financial Interests

Contribution to the personal career or education of the other

Keeping Assets Intact

Desirability of keeping an asset intact and free from claim

Spouse's Contribution to Non-Marital Assets

Contribution to the acquisition of non-marital assets

Marital Home Retention

Desirability of retaining the home for dependent children

Dissipation of Assets

Intentional waste or destruction of marital assets within 2 years of filing

Other Relevant Factors

Any other factors necessary for equity and justice

Tax Consequences

For high-asset divorces: tax implications of division

Need help understanding how these factors apply to your case?

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Dissipation of Marital Assets

If your spouse has wasted, hidden, or depleted marital assets, Florida law provides protection:

"The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition."— F.S. 61.075(1)(i)

Courts can "add back" dissipated assets to the marital estate and credit the innocent spouse, effectively charging the wasting spouse for their misconduct.

Common Forms of Dissipation:

Spending money on extramarital affairs
Gambling losses
Transferring assets to family members
Hiding money in secret accounts or cryptocurrency
Intentional destruction of property

Complex Asset Division

High-asset divorces require specialized expertise in valuation, tax planning, and negotiation.

Real Estate

Multiple properties, investment real estate, commercial holdings, homestead issues

Businesses

Business valuations, goodwill (personal vs. enterprise), partnership interests

Retirement

401(k)s, pensions, IRAs, QDROs for retirement division, military benefits

Investments

Stock portfolios, cryptocurrency, NFTs, deferred compensation, stock options

Business Valuation: Personal vs. Enterprise Goodwill

Florida courts recognize an important distinction that can significantly affect business division:

Personal Goodwill

Value tied to an individual's reputation and skills. Not divisible because it cannot be sold separately from the individual.

Enterprise Goodwill

Value tied to the business itself (brand, systems, location). Subject to division as marital property.

Read our full guide on goodwill in Florida divorce →

The Property Division Process

How Florida courts approach equitable distribution

Identify

List all assets and debts owned by either or both spouses

Classify

Determine whether each asset is marital or non-marital under F.S. 61.075(6)

Value

Establish fair market value of all marital assets (may require appraisals)

Distribute

Divide assets equitably based on statutory factors, starting with 50/50 presumption

Our Property Division Services

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