Florida Property Division: An Equitable Distribution Guide

Florida is an equitable distribution state, which means that marital property is divided in a fair and equitable manner, not necessarily a 50/50 split.

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Key Takeaways

  • Marital property is generally defined as assets and liabilities acquired during the marriage. This includes:
  • Non-marital property is property that belongs to only one spouse and is not subject to equitable distribution. Non-marital property includes:
  • Florida courts consider several factors to determine a fair and equitable distribution of marital property. These factors include:
  • The marital home is often a couple's most valuable asset. There are several options for dividing the marital home in a Florida divorce:
The Short Answer

Florida is an equitable distribution state, which means that marital property is divided in a fair and equitable manner, not necessarily a 50/50 split.

Florida Property Division: An Equitable Distribution Guide

Florida is an equitable distribution state, which means that marital property is divided in a fair and equitable manner, not necessarily a 50/50 split.

When a couple divorces in Florida, their assets and liabilities must be divided. Florida follows the principle of equitable distribution, which aims for a fair division of marital property. This guide will explain how Florida courts identify, value, and distribute property in a divorce.

Table of Contents

  1. What is equitable distribution in Florida?
  2. What is considered marital property in Florida?
  3. What is considered non-marital property in Florida?
  4. What factors do courts consider when dividing property in Florida?
  5. How is the marital home divided in Florida?
  6. How are retirement accounts divided in Florida?
  7. Frequently Asked Questions
  8. Legal References

What is equitable distribution in Florida?

Equitable distribution is the process of dividing marital assets and liabilities in a fair and just manner. In Florida, the starting point for equitable distribution is an equal division of marital property. However, a court can order an unequal distribution if it is justified based on all relevant factors. [1]

What is considered marital property in Florida?

Marital property is generally defined as assets and liabilities acquired during the marriage. This includes:

  • Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
  • The enhancement in value and appreciation of non-marital assets resulting from the efforts of either spouse during the marriage or from the expenditure of marital funds.
  • Interspousal gifts during the marriage.
  • All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
Marital Property ExamplesDescription
Real EstateThe marital home and other real property acquired during the marriage.
Bank AccountsAll funds in checking and savings accounts acquired during the marriage.
VehiclesCars, boats, and other vehicles purchased during the marriage.
Retirement AccountsThe portion of retirement plans earned during the marriage.
DebtsMortgages, loans, and credit card debts incurred during the marriage.

What is considered non-marital property in Florida?

Non-marital property is property that belongs to only one spouse and is not subject to equitable distribution. Non-marital property includes:

  • Assets acquired and liabilities incurred by either spouse before the marriage.
  • Assets acquired separately by either spouse by noninterspousal gift, bequest, devise, or descent.
  • All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset.

What factors do courts consider when dividing property in Florida?

Florida courts consider several factors to determine a fair and equitable distribution of marital property. These factors include:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker.
  • The economic circumstances of the parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • The desirability of retaining any asset, including an interest in a business, free from any claim or interference by the other party.
  • 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.
  • Any other factors necessary to do equity and justice between the parties.

Civilly Insight: The court has broad discretion in weighing these factors. It is important to present a clear picture of your contributions to the marriage and your financial circumstances.

How is the marital home divided in Florida?

The marital home is often a couple's most valuable asset. There are several options for dividing the marital home in a Florida divorce:

  1. Sell the Home: The spouses can sell the home and divide the proceeds.
  2. Buyout: One spouse can buy out the other spouse's interest in the home.
  3. Exclusive Use and Possession: The court may grant one spouse the exclusive use and possession of the marital home for a period of time, especially if there are minor children.

How are retirement accounts divided in Florida?

Retirement benefits earned during the marriage are marital property and are subject to equitable distribution. A Qualified Domestic Relations Order (QDRO) is a court order that is required to divide most retirement plans.

Frequently Asked Questions

What if my spouse and I agree on how to divide our property?

If you and your spouse can agree on how to divide your property, you can enter into a Marital Settlement Agreement. This written agreement will be submitted to the court for approval.

Who gets the pets in a Florida divorce?

Pets are considered personal property in Florida. The court will award the pet to one spouse as part of the equitable distribution.

What happens to debt in a Florida divorce?

Marital debts are also subject to equitable distribution. The court will divide the debts between the spouses in a fair and equitable manner.

What is the difference between marital and non-marital property?

Marital property is acquired during the marriage and is subject to division. Non-marital property is acquired before the marriage or by gift or inheritance during the marriage and is not subject to division.

[1] Florida Statutes § 61.075. (n.d.). Equitable distribution of marital assets and liabilities. The 2025 Florida Statutes. Retrieved December 21, 2025, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

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