Florida is an equitable distribution state, not a community property state. The two get confused often, but they are not the same standard: equitable distribution starts from a presumption of an equal split, then allows adjustments based on specific factors, rather than requiring a strict 50/50 division of every asset by law.
Key Takeaway: Fla. Stat. 61.075 requires a Florida court to first separate each spouse's nonmarital property, then divide the marital assets and liabilities starting from the premise that the split should be equal. A court can order an unequal distribution, but only by pointing to specific factors and putting written findings on the record.
How Is Marital Property Divided in Florida?
Fla. Stat. 61.075 governs equitable distribution in Florida divorce cases. The statute requires the court to first set apart each spouse's separate, nonmarital assets and liabilities, then distribute the marital assets and liabilities between the parties, beginning with the premise that the distribution should be equal.
An unequal split is allowed only if the court finds it is justified based on relevant factors listed in the statute, discussed below. In a contested case, the judgment has to include specific written findings identifying nonmarital assets, marital assets and who gets each one, marital liabilities and who is responsible for each one, and the court's reasoning.
In an uncontested case, spouses who agree on how to divide everything put those terms into a Marital Settlement Agreement instead, and the court generally approves the agreement rather than making its own factual findings on every asset.
What Counts as Marital vs. Separate Property?
Fla. Stat. 61.075(6) defines "marital assets and liabilities" to include, among other things:
- Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly
- The increase in value of nonmarital assets caused by either spouse's efforts during the marriage, or by marital funds spent on them
- Interspousal gifts made during the marriage
- Vested and nonvested benefits accrued during the marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans
- The marital interest in a closely held business
Nonmarital, or separate, property generally covers what a spouse brought into the marriage and kept separate, along with property acquired individually during the marriage by noninterspousal gift or inheritance, as long as it was not commingled with marital funds or retitled jointly. The line between marital and nonmarital can get complicated fast, particularly when separate property is mixed with marital funds over time (for example, a house owned before the marriage where the mortgage was paid down with marital income); the statute has detailed rules for tracing that kind of partial marital interest.
When Does a Court Order an Unequal Split?
Starting from an equal split, Fla. Stat. 61.075(1) lists the factors that can justify moving away from it, including:
- Each spouse's contribution to the marriage, including homemaking and child care
- The economic circumstances of the parties
- The duration of the marriage
- Interruption of either spouse's personal career or education
- One spouse's contribution to the other's career or education
- Whether it makes sense to keep a specific asset, such as a business, intact for one spouse
- The desirability of letting a dependent child remain in the marital home, if that is in the child's best interest and financially workable
- Intentional dissipation, waste, or destruction of marital assets after the petition was filed, or within 2 years before filing
None of these factors automatically produces a specific percentage split. A court weighs them together and explains its reasoning in writing.
How Are the House, Retirement Accounts, and Debts Split?
The marital home is treated as a marital asset if it was acquired or paid down with marital funds during the marriage, subject to the same equitable distribution rules as anything else. Fla. Stat. 61.075(1)(h) lets a court weigh keeping the home intact for a dependent child as one factor, if that arrangement is in the child's best interest and the parties can financially sustain it; it is not an automatic right to keep the house.
Retirement accounts, including pensions, 401(k) and similar plans, and deferred compensation, are explicitly listed as marital assets to the extent they were accrued during the marriage, whether vested or not yet vested.
Debts follow the same framework as assets: liabilities incurred during the marriage, whether in one spouse's name or jointly, are identified as marital liabilities, and the court (or the spouses, by agreement in an uncontested case) assigns responsibility for each one as part of the overall distribution.
- Assuming Florida is a community property state with an automatic 50/50 split by law
- Treating premarital property as automatically protected once it has been commingled with marital funds or retitled jointly
- Forgetting that debts, not just assets, go through the same equitable distribution analysis
- Assuming a dependent child automatically means one parent keeps the marital home; it is one factor, not an automatic outcome
- Skipping written findings in a contested case; Fla. Stat. 61.075(3) requires them for the distribution to hold up
Frequently Asked Questions
How is marital property divided in Florida?
Florida uses equitable distribution, governed by Fla. Stat. 61.075. The court sets apart each spouse's separate, nonmarital property first, then divides the marital assets and liabilities starting from the premise that the split should be equal, unless a list of statutory factors justifies an unequal division.
What is the difference between marital and separate property in Florida?
Marital property generally includes assets acquired and debts incurred during the marriage by either spouse, plus the increase in value of separate property caused by marital funds or either spouse's efforts during the marriage. Separate (nonmarital) property generally includes what a spouse owned before the marriage, and property acquired individually by gift from a third party or by inheritance, kept separate from marital funds.
Does Florida split marital property 50/50?
Fla. Stat. 61.075 starts from the premise that the distribution of marital assets and liabilities should be equal. A court can order an unequal split, but only if it points to specific factors, such as each spouse's contribution to the marriage, the duration of the marriage, or the intentional dissipation of assets, and puts written findings on the record explaining the departure from an equal split.
Is the house always sold in a Florida divorce?
No. Fla. Stat. 61.075(1)(h) lets a court consider keeping the marital home intact for a dependent child, when it is in the child's best interest and financially feasible, as one of the equitable distribution factors. Whether a specific home is sold, awarded to one spouse, or handled another way depends on the facts of the case and, in an uncontested case, on what the spouses agree to.
Are retirement accounts divided in a Florida divorce?
Yes. Fla. Stat. 61.075(6)(a)1.e. specifically lists vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans as marital assets subject to equitable distribution, to the extent they accrued during the marriage.
Are debts divided the same way as assets in Florida?
Yes. Fla. Stat. 61.075 treats marital liabilities the same way it treats marital assets: debts incurred during the marriage, individually or jointly, are identified, and the court (or the spouses, in an uncontested settlement) assigns responsibility for each one as part of the overall equitable distribution.
How Virdix Helps
If you and your spouse have already agreed on how to divide your property and debts, Virdix asks about your assets, debts, and the split you have agreed to, then prepares the matching Marital Settlement Agreement and other Florida Family Law Rules of Procedure forms your uncontested case needs. Virdix does not calculate what a judge would order in a contested property dispute. Start free. Pay once, only when your documents are ready.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Chapter 61, Florida Statutes, Section 61.075, Equitable Distribution of Marital Assets and Liabilities (leg.state.fl.us)