DIVISION OF ASSETS
How Assets and Liabilities Are Divided in a Florida DivorceContact Medina Law Firm: Your Miami, Family Law Attorneys
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Understanding Florida’s Equitable Distribution Law
Dividing assets and debts during a divorce can be one of the most stressful parts of the process. In Florida, the law follows a principle called equitable distribution, which means property is divided fairly—but not necessarily equally—between spouses.
What Is Equitable Distribution?
Equitable distribution is based on fairness rather than a strict 50/50 split. The court looks at several factors to determine what is fair, including:
- Each spouse’s contributions to the marriage (including non-financial contributions like homemaking or childcare)
- The length of the marriage
- Each spouse’s economic circumstances
- Whether one spouse interrupted their career or education for the marriage
- The desirability of keeping certain assets intact, like a business
- Any intentional waste or dissipation of marital assets by either spouse
Marital vs. Non-Marital Property
Not all assets are subject to division. Florida law distinguishes between marital property—assets and debts acquired during the marriage—and non-marital property, which includes assets owned before the marriage or received as gifts or inheritance.
How the Process Works
If spouses can agree on how to divide their property, they can create a settlement agreement. If not, the court will make decisions based on the factors listed above. The goal is to ensure a fair outcome for both parties.
Why it Matters
Understanding equitable distribution can help you set realistic expectations and avoid unnecessary conflict. Working with a skilled mediator or attorney can also make the process smoother and less stressful.
If you need guidance on property division in Florida, We are here to help. Let’s work together to
find a fair resolution that respects your financial future.
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