Florida Property Division Laws

Statute

• Civil Practice and Procedure § 61.075, et seq.
• Estates and Trusts § 732.216, et seq. (Florida Uniform Disposition of Property Rights at Death Act)

Relevant Factors Considered for Property Distribution

The following factors are considered when deciding on an equitable division of property and debts:

1. The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
2. The economic circumstances of the parties.
3. The duration of the marriage.
4. Any interruption of personal careers or educational opportunities of either party (for instance, one party left a promising career to raise children).
5. The contribution of one spouse to the personal career or educational opportunity of the other spouse.
6. The interest in retaining any asset, including an interest in a business, intact and free from any claim or interference by the other party.
7. 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.
8. 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.
9. The intentional waste, depletion, or destruction of marital assets (such as destroying a shared home) after the filing of the petition or within 2 years prior to the filing of the petition.
10. Any other factors necessary to do equity and justice between the parties.

Marital Assets and Liabilities

Florida statute defines the following as "marital assets and liabilities":

• Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;
• The enhancement in value of nonmarital assets resulting from the efforts of either party during the marriage and/or from the contribution of funds (for instance, one spouse renovates a home originally purchased by the other spouse);
• Interspousal gifts (i.e. from one spouse to the other) during the marriage; and
• All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.

Non-marital Assets and Liabilities

“Non-marital assets and liabilities” include the following:

• Assets acquired and liabilities incurred by either party prior to the marriage;
• Assets acquired separately by either party by non-interspousal (i.e. not between two spouses) gift, bequest, devise, or descent;
• All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;
• Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties; and
• Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse.

Non-marital assets and liabilities also include assets acquired and liabilities incurred during the marriage in exchange for such assets and liabilities (for instance, buying a car with money from an inheritance).