Florida Equitable Distribution Divorce Guide

Florida is an equitable distribution state—not a community property state. This distinction matters significantly for divorcing couples. While community property states like California and Texas divide marital assets 50/50, Florida courts divide property in a manner deemed "fair and equitable," which may or may not result in an equal split. Understanding how Florida Statute § 61.075 governs property division is essential for protecting your financial interests as you navigate the Florida divorce timeline.

This comprehensive guide explains Florida's equitable distribution framework, the critical distinction between marital and non-marital property, factors courts consider when dividing assets, and recent 2025 law updates that affect property division proceedings.

What is Equitable Distribution?

Under Florida Statute § 61.075, courts divide marital assets and liabilities "in a manner that is just and equitable." Unlike community property states that mandate equal division, Florida judges have discretion to distribute property based on fairness—considering each spouse's circumstances and contributions.

Important: While Florida starts with a presumption of equal (50/50) distribution, the court can deviate from this starting point based on specific factors outlined in the statute. This flexibility can work for or against you depending on your situation.

The equitable distribution process involves three key steps:

1. Identification: Catalog all assets and liabilities
2. Classification: Determine whether each asset/debt is marital or non-marital
3. Distribution: Divide marital property equitably between spouses

What is Marital Property in Florida?

Under Florida Statute § 61.075(6), marital assets and liabilities include assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly. The key factor is timing—not whose name appears on the title.

Marital property includes:

• Assets acquired during marriage – Real estate, vehicles, bank accounts, investments purchased between wedding and filing date
• Enhancement of non-marital assets – Increase in value of separate property resulting from marital effort or marital funds
• Retirement benefits earned during marriage – 401(k) contributions, pension accrual, IRA deposits made between wedding and filing
• Interspousal gifts – Gifts between spouses are treated as marital property
• Mortgage paydown on non-marital property – If marital funds paid the mortgage on a pre-marriage home, that portion becomes marital
• Vested and nonvested benefits – Stock options, deferred compensation, and similar benefits accrued during marriage

Presumption: Florida law presumes that all assets acquired during the marriage are marital property. The burden falls on the spouse claiming an asset is non-marital to prove otherwise.

What is Non-Marital Property in Florida?

Non-marital (separate) property belongs exclusively to one spouse and is excluded from equitable distribution. Under Florida Statute § 61.075(6), non-marital assets include:

• Assets acquired before marriage – Property you owned before saying "I do"
• Assets acquired by gift or inheritance – Property received as a non-interspousal gift, bequest, devise, or descent
• Income from non-marital assets – Unless the income was treated, used, or relied upon as a marital asset
• Assets excluded by agreement – Property specifically designated as separate in a valid prenuptial or postnuptial agreement
• Assets acquired in exchange for non-marital property – If you sell pre-marriage property and buy something else, the new asset retains its non-marital character (if properly traced)

Proving Non-Marital Status

The spouse claiming property is non-marital bears the burden of proof by clear and convincing evidence. This requires documentation such as:

• Bank statements showing account balances before marriage
• Title documents predating the marriage
• Inheritance documentation or gift letters
• Prenuptial agreement provisions
• Tracing records showing asset origins

Enhancement and Appreciation

One of Florida's most important property concepts involves the enhancement in value of non-marital assets. Even if you owned property before marriage, the increase in value may be marital property if:

• Either spouse's efforts contributed to the appreciation
• Marital funds were used to improve or maintain the property
• Marital income was used to pay down the mortgage

Example: Wife owned a home worth $200,000 before marriage. During the marriage, the couple used marital funds to renovate the kitchen, pay down the mortgage, and maintain the property. At divorce, the home is worth $350,000. The $150,000 appreciation attributable to marital effort and funds is marital property subject to division—even though the original home was non-marital.

Factors Courts Consider

When determining equitable distribution, Florida courts consider numerous factors under § 61.075(1):

• Contribution to the marriage – Including homemaking, child care, and career sacrifices
• Economic circumstances – Each spouse's financial situation at time of distribution
• Duration of the marriage – Longer marriages may warrant different treatment
• Career interruptions – Sacrificing education or career to support the family
• Contribution to career or education – Helping a spouse acquire professional skills
• Desirability of retaining assets – Such as keeping the family home for custodial parent
• Contribution to asset acquisition – Direct financial contributions to marital property
• Intentional dissipation – Wasting, destroying, or hiding marital assets within 2 years of filing
• Any other relevant factors – Courts have broad discretion to consider fairness

The Dissipation Factor

Florida courts take intentional dissipation of marital assets seriously. If one spouse deliberately wasted marital property—through gambling, gifts to affair partners, or hiding assets—the court may award the other spouse a larger share to compensate. This includes conduct within two years before filing the petition.

The Cut-Off Date

Florida law establishes a cut-off date for classifying property as marital or non-marital. Under § 61.075(7), this date is the earliest of:

• The date of a valid separation agreement
• A date expressly established by a separation agreement
• The date of filing the divorce petition (most common)

Assets acquired after the cut-off date are generally non-marital, while assets acquired before remain subject to distribution. This makes the filing date strategically important.

2025 Florida Law Updates

Recent legislation has brought important changes to Florida's equitable distribution framework:

• HB 521 (2024): Signed by Governor DeSantis, this law provides a framework for interim partial distribution during divorce proceedings and establishes guidelines for valuing closely held businesses
• Enhanced disclosure requirements: Both spouses must now provide detailed financial records within 45 days of service
• Digital assets: Updated guidelines address cryptocurrency, NFTs, and digital property
• Business valuation standards: Clearer rules for determining the value of closely held businesses

Special Considerations for Complex Assets

Retirement Accounts

Retirement benefits earned during the marriage are marital assets. Dividing 401(k)s, pensions, and similar accounts typically requires a Qualified Domestic Relations Order (QDRO) to avoid tax penalties. The marital portion is calculated based on contributions and growth during the marriage.

Real Estate

The family home is often the largest marital asset. Options include:

• Sell and divide proceeds
• One spouse buys out the other's equity
• Award exclusive use to custodial parent (common when children involved)
• Continue joint ownership temporarily (deferred distribution)

Business Interests

Businesses started or grown during marriage require professional valuation. Florida's 2024 updates provide clearer guidelines for valuing closely held businesses, considering factors like goodwill, earning potential, and market comparables.

Debts and Liabilities

Florida distributes marital debts using the same equitable principles as assets. You may become responsible for debts in your spouse's name alone if incurred during marriage for family purposes. Credit card debt, mortgages, car loans, and student loans taken during marriage are typically marital liabilities. Learn more about dividing debt in divorce.

The Equitable Distribution Grid

Florida attorneys and courts often use an equitable distribution grid (spreadsheet) to organize property division. This tool:

• Lists all assets and debts
• Shows current values
• Indicates marital vs. non-marital classification
• Proposes division between spouses
• Calculates net distribution to each party

Creating a comprehensive grid helps ensure nothing is overlooked and provides transparency in negotiations or litigation.

Practical Tips for Florida Property Division

1. Document everything: Gather bank statements, titles, and records proving when assets were acquired
2. Trace non-marital property: Maintain clear records if you're claiming separate property status
3. Complete mandatory disclosure: Florida requires sworn financial affidavits—be thorough and accurate
4. Consider the cut-off date: Understand how the filing date affects property classification
5. Get professional valuations: Business interests, real estate, and retirement accounts often need expert appraisal
6. Watch for dissipation: Document any wasteful spending by your spouse
7. Think about taxes: Different assets have different tax implications—$100,000 in retirement funds isn't worth the same as $100,000 in cash

Estimate Your Florida Divorce Costs

Property division complexity significantly affects divorce costs. Use our calculator to estimate expenses based on your situation:

Next Steps for Your Florida Divorce

Understanding Florida's equitable distribution system is essential for protecting your financial future. Key takeaways:

• Florida is an equitable distribution state—not community property
• Courts start with 50/50 but can adjust based on fairness factors
• Only marital property is subject to division; non-marital stays with its owner
• Enhancement of non-marital assets during marriage may be divisible
• The filing date is typically the cut-off for classifying property
• Intentional dissipation of assets can affect distribution

For official forms and filing information, visit the Florida Courts Self-Help Center. For the complete statutory text, see Florida Statute § 61.075. For complex property division issues, consulting with a Florida family law attorney is strongly recommended.