The word "equitable" sounds pretty straightforward. It means fair, right?
So, when you hear that Florida follows a system of equitable distribution during divorce, you might assume that everything gets divided equally.
Half the savings, half the property, half the debt. Simple enough.
Except that's not exactly how it works.
Florida generally starts with an equal division of marital property, but equitable distribution involves more than splitting everything down the middle.
Here's what you should know.
What Does Equitable Distribution Actually Mean?
Equitable distribution is the process of dividing marital assets and debts between spouses during a divorce.
Under Florida law, courts begin with the assumption that marital assets and debts should be divided equally. However, if the circumstances justify it, a court can order an unequal division.
Even when the overall distribution is equal, that doesn't mean every individual asset must be split in half. For example, one spouse might keep the marital home while the other receives a larger share of retirement savings or other assets to balance things out.
Spouses can also reach their own agreement about how to divide their marital assets and debts rather than having a judge make those decisions. If they cannot agree, the court can determine the distribution under Florida law.
The goal is to reach a distribution that follows Florida law and accounts for the circumstances of the marriage.
What Property Is Subject to Equitable Distribution?
Before deciding how to divide property, courts must determine which assets and debts are marital and which are nonmarital.
Generally, assets acquired and debts incurred during the marriage are considered marital, even if only one spouse's name appears on the title or account.
This may include bank accounts, homes, vehicles, retirement benefits, and credit card debt.
However, certain property may qualify as nonmarital, including assets owned before marriage, inheritances received individually, and gifts received from someone other than a spouse.
There are exceptions. For example, using marital funds to pay down the mortgage principal on a separately owned home may create a marital interest in that property.
So, determining what is subject to division is not always as simple as checking whose name is on the paperwork.
When Might a Court Divide Property Unequally?
Florida courts consider several factors when deciding whether an unequal distribution is justified, including:
- The length of the marriage.
- Each spouse's financial circumstances.
- Contributions to the marriage, including childcare and homemaking.
- Career or educational opportunities one spouse gave up to support the family.
- Whether one spouse intentionally wasted or depleted marital assets during the period specified by Florida law.
A spouse who spent years raising children while the other pursued a career still made meaningful contributions to the marriage.
However, these factors do not automatically guarantee an unequal division. Earning more money, for instance, does not by itself mean a spouse should receive a larger share of marital property.
The court considers the circumstances as a whole when determining whether there is a sufficient reason to depart from an equal split.
So, Is Equitable Distribution Always 50/50?
Not necessarily.
An equal division is the starting point under Florida law, but it isn't a guarantee that every couple will leave their marriage with exactly half of everything.
The court must first identify the marital assets and debts, determine their values, and decide how they should be distributed. And while the law provides a starting point, the outcome depends on the particular assets, debts, and circumstances involved.
If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.
Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.