Equitable Distribution
of Marital Assets
and Liabilities

Florida statutes and case law provides for an "equitable distribution" of marital assets and liabilities. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held.

In a proceeding for dissolution of marriage in the State of Florida, the court must begin with the premise that the distribution of marital assets and liabilities should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

• The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as 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, corporation, or professional practice, intact and free from any claim or interference by the other party.

• The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

• The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

• 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.

Please feel free to contact our law firm to discuss your family law issue. While the circumstances of each case are different and may require different courses of action, regardless of the method chosen, the goal remains the same - to secure the best possible resolution for the client.