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Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Discover key information about property division in Florida for couples going through divorce. Learn how assets are divided and important considerations to ensure a fair settlement.
Learn which property gets divided in a Florida divorce and how judges decide on a fair distribution of a couple’s assets and debts.
The process for dividing assets in a Florida divorce involves the court classifying all property as marital or non-marital, assigning a monetary value to all marital assets, evaluating factors such as the length of the marriage and the financial needs of each spouse, and equitably splitting the assets between the spouses.
Under Florida law, the process of dividing property begins on the premise that assets will be divided equally between both spouses unless a judge determines unequal distribution is justified. Some of the factors that may impact the judge’s decision include:
In Florida, equitable distribution is the legal standard for dividing assets and liabilities in a divorce. It strives for fairness based on each spouse’s circumstances rather than a strict equal split.
Equitable distribution is the legal framework used in Florida to divide marital assets and liabilities during a divorce. Unlike community property states that split assets 50/50, Florida aims for a fair, though not necessarily equal, division.