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What is equitable distribution?

Florida is an equitable distribution State. This means that all property that is deemed “marital property” is to be equally divided between both spouses. The assets that are not considered non-marital property are assets that were acquired prior to the marriage.

Once a court has determined what is non-marital, or a spouse’s separate property, the court will then determine how to distribute the marital property. The court looks at certain factors which are outlined in Florida Statute §61.075, which are as follows:

  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.
  5. The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  6. The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, 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 non-marital 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, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
  9. The intentional dissipation, waste, depletion, or destruction of marital assets 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.”

Hire a Palm Harbor equitable distribution lawyer

Call us now and receive a free no-obligation consultation. If you cannot come to our office, our lawyer will come to you. We pride ourselves on excellent communication, service and results. Contact us at (800) 927-0400 for a free no-obligation consultation. We serve Pinellas, Pasco, Hernando and Hillsborough Counties.