Equitable Distribution of Assets

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In Florida, courts divide divorcing couples’ property based on equitable distribution laws. “Equitable” does not mean equal but it does mean the Courts must provide a “fair” distribution of what each spouse brought into the marriage and what each spouse contributed to the marriage.

In order to divide the property “fairly”, we will identify what assets are marital assets and which are not. We will discuss and evaluate the financial value as well as the personal value of each asset.

In addition to the financial and personal value of the assets, we will also consider these factors when determining the equitable distribution of assets:

  • The length of the marriage
  • Who will be living in the marital home post-divorce, if either party desires to do so
  • Each spouse’s debts and liabilities
  • Each spouse’s economic circumstances
  • Whether either spouse intentionally wasted or destroyed material assets
  • Whether either spouse interrupted a career or education for the benefit of the family or contributed to the other spouse’s career or education
  • The spouse’s contributions to marital and non-marital assets
  • Each spouse’s contribution as an income-earner, parent, or homemaker

For more details on this or other family law issues, check out our FAQs or our Blog.

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