{"id":372588,"date":"2016-03-31T21:34:55","date_gmt":"2016-04-01T02:34:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-marital-property-laws.html"},"modified":"2024-06-10T16:11:23","modified_gmt":"2024-06-10T21:11:23","slug":"florida-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-marital-property-laws.html","title":{"rendered":"Florida Marital Property Laws"},"content":{"rendered":"\n
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Florida Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Like most states, Florida uses equitable distribution rules to divide marital assets and liabilities during divorce or legal separation. Florida courts consider everything acquired during a marriage to be marital property when dividing property. During a divorce case<\/a>, courts divide the marital estate fairly, but not always 50\/50.<\/p>\r\n

Marital property and non-marital property become important twice during a marriage. One is in the event of a divorce. The other is if one spouse dies intestate<\/a>, that is, without a will. In Florida, if someone dies without a will, their spouse receives at least half the estate (or all, if there are no surviving children). An intentionally omitted spouse may still claim 30% of the elective share of the estate (Fla. Stat. \u00a7732.201<\/a>).<\/p>\r\n

States have differing laws<\/a> on how marital and non-marital assets are divided during a divorce settlement. In community property states<\/a>, judges divide marital property 50\/50. If one person wants to keep a specific item, such as the marital home, the other must give up an equal share of funds. Nine states have community property laws determining the division of debt and property in a divorce: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.<\/p>\r\n

The other states, including Florida, are equitable distribution states. In these states, the division of marital assets follows marital property laws. Judges divide marital property equitably, but an unequal distribution is possible if the economic circumstances warrant it.<\/p>\r\n

For more information on this topic, visit FindLaw\u2019s divorce and property<\/a> section.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

If a divorcing couple does not have a settlement agreement when they come to court, the judge divides the property according to Florida law. There is a presumption that all marital property division should be equal unless there\u2019s evidence it should be otherwise.<\/p>\r\n

Under Florida State statute \u00a761.075<\/a>, marital property includes:<\/p>\r\n