Florida is an equitable distribution state. The court divides marital property fairly based on statutory factors under §61.075. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
§61.075
Primary Statute
6 months
Min. Residency
Florida is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under §61.075, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: §61.075
Nonmarital assets under §61.075(7) include property acquired before marriage, by gift or inheritance from a third party, and income from nonmarital assets (unless commingled). Tenancy by the entireties creates a presumption that jointly-titled property is marital.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Contribution to the marriage, including homemaking, childcare, and career of the other spouse
Economic circumstances of each party
Duration of the marriage
Career interruption or educational opportunity foregone
Contribution to the career advancement of the other party
Desirability of retaining any asset intact and free from claim of the other party
Contribution to production of income or improvement of the asset
Desirability of retaining the marital home for the benefit of dependent children
Intentional dissipation, waste, depletion, or destruction of marital assets within 2 years before filing
Any other factors necessary to do equity and justice
Homestead protection under FL Constitution Art. X §4 — forced sale protection, special divorce treatment.
Tenancy by the entireties trap: jointly-titled property is presumed marital regardless of source.
HB 521 (2024): coverture fraction formula for marital interest in nonmarital real property.
Dissipation lookback: 2 years before filing (§61.075(1)(i)).
Enter your assets, debts, and situation. Get a personalized property division estimate based on Florida law.
Florida is a equitable distribution state. 50/50 equal distribution starting presumption with 10 statutory deviation factors. The primary statute governing property division is §61.075. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Nonmarital assets under §61.075(7) include property acquired before marriage, by gift or inheritance from a third party, and income from nonmarital assets (unless commingled). Tenancy by the entireties creates a presumption that jointly-titled property is marital.
No. Florida is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Florida has several unique features: Homestead protection under FL Constitution Art. X §4 — forced sale protection, special divorce treatment. Tenancy by the entireties trap: jointly-titled property is presumed marital regardless of source.
Get a personalized property division analysis based on Florida's equitable distribution laws.
Start My Free FloridaEstimate →This tool provides educational estimates based on Florida equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Florida family law attorney before making decisions. Primary statute: §61.075.