Florida Divorce: Equitable Distribution/Property Division

“Equitable Distribution,” Florida’s property division process, starts with a 50/50 split but in some situations, an equal split may not be fair or equitable. For example, one of you may decide to take more of the assets along with the loans on those assets because you can afford to do so. Unequal splits are unusual when cases go to trial. Florida courts have ordered unequal splits when

• One spouse is disabled and the other is employed
• One spouse is needed to care for a disabled child
• One spouse spoke little English, had no formal education and never worked
• One spouse hasn’t worked for years, the other is nearing retirement

As you can see, the situations for unequal distribution are not the typical situation. Florida law starts with a 50/50 split of assets and debts. For most couples, that even split will apply.

If your case goes to trial, Florida Statute 61.075 directs the judge to consider these factors in deciding what is “equitable” or fair when making the division for you:

• Contribution to marriage by each spouse, including homemaking
• Economic circumstances of parties
• Duration of marriage
• Interruption in career or education of either spouse
• Contribution to career or education of one spouse by the other spouse
• Keeping an income-producing asset intact & free from interference, like a family business run primarily by one spouse
• Each spouse’s contribution to acquisition, enhancement, production of income, assets, and/or liabilities
• Whether it is in minor child’s best interest to keep the marital home until child turns 18 & if financially feasible
• Intentional dissipation, waste, depletion, or destruction of marital assets after or within a 2 year period before filing Petition
• Any other factor necessary to do equity and justice between the parties

The Marital Settlement Agreement

If you are dividing only personal property, a simple statement that you have already divided the personal property is enough in either the Petition or the Marital Settlement Agreement.

If you own real property, have credit card debt or other recorded loans, have any joint property, you need to list all your property and all your debts with some identifying information for them in the MSA. With concerns over identity theft, show only the last 4 digits of your loan and account numbers in the Agreement. For the real property, give the address and the complete legal description from your deed on a sheet labeled with your name and case number, if you have one already, attached to the Marital Settlement Agreement.