Equitable Distribution in Florida Divorce Cases Under Florida Statute 61.075(1)

When it comes to divorce in Florida, dividing assets and debts is often one of the most emotional and complicated steps. Florida follows the principle of equitable distribution, which doesn't always mean a 50/50 split—but it does mean fairness. Here's what you need to know:

1. What is Equitable Distribution?

Equitable distribution is the process by which the court divides marital assets and debts in a divorce. Under Florida law, the court must first identify and set aside each spouse's nonmarital property, then begin with the idea that everything else (marital property) should be divided equally—unless fairness demands otherwise.

2. What's the Difference Between Marital and Nonmarital Assets?

  • Nonmarital assets are things you owned before the marriage, inherited or received as a gift (not from your spouse), or were kept separate during the marriage.
  • Marital assets and debts include property, retirement accounts, and liabilities acquired during the marriage, regardless of who's name is on them.

The court will set aside nonmarital assets before dividing what's left.

3. Does the Court Always Split Things 50/50?

Not necessarily. While equal distribution is the starting point, the court can divide assets unequally if it's justified by specific factors like:

  • One spouse sacrificed a career for the family
  • Unequal financial circumstances
  • One spouse dissipated (wasted) marital assets

4. What Factors Can Justify Unequal Distribution?

Florida courts consider several factors, including:

  • Each spouse's contributions to the marriage, like child-rearing or homemaking
  • The length of the marriage
  • Any career interruptions for the family
  • Whether one spouse helped the other advance their education or career
  • The economic situation of each spouse after divorce
  • Whether it's best for a child to remain in the marital home
  • If one spouse wasted or hid marital assets before or during the divorce

5. Can I Keep the House if I'm the Primary Caregiver for Our Child?

Possibly. Courts may award exclusive use of the marital home to a parent if:

  • It's in the best interest of the child
  • It's financially reasonable
  • Other legal factors support that arrangement

This is often a temporary situation, lasting until the child is emancipated or another court order changes it.

6. What Happens If My Spouse Wasted or Hid Marital Assets?

If your spouse intentionally dissipated, hid, or destroyed marital assets—especially in the two years before or after filing for divorce—the court can consider that in the distribution. It could mean you get a larger share to make up for the lost value.


Equitable doesn't always mean equal. The court's goal is fairness, not necessarily a 50/50 split. If you're concerned about protecting your assets, especially as a mother or homemaker, speak with a qualified Florida family law attorney to advocate for your rights.