What Is Equitable Distribution in Florida? Marital vs. Non-Marital Property

Florida divides property in a divorce through a process called equitable distribution. Equitable means fair, which often looks close to equal but does not have to be an exact 50/50 split. The court begins from the premise of an equal division and can order an unequal one based on specific factors set by law.

Marital vs. Non-Marital Property

The first step is deciding what counts as marital and what counts as non-marital:

• Marital property is generally what the spouses acquired during the marriage, regardless of whose name is on the title.
• Non-marital property generally includes what a spouse owned before the marriage, or received during the marriage by gift or inheritance, and it usually stays with that spouse.

(Source: Fla. Stat. § 61.075.)

When Property Becomes Complicated

Sorting marital from non-marital property is not always simple. Non-marital money can become mixed with marital funds, a business owned before the marriage can grow during it, and records can be incomplete. These situations often require gathering financial documents and, in some cases, professional valuations. If your divorce involves significant assets, a high-net-worth divorce may need extra care.

Equitable Does Not Always Mean Equal

While the court starts from an equal split, it can divide property unequally when the statutory factors support it. Those factors can include each spouse’s contribution to the marriage and to the assets, and the economic circumstances of each spouse. (Source: Fla. Stat. § 61.075.)

Talk With a Miami Property Division Lawyer

To understand how equitable distribution may apply to your assets, speak with a Miami property division lawyer. We help clients across Miami-Dade and South Florida.