Equitable Distribution in Florida: What's Considered a “Marital Asset”? (FAQs) Based on Florida Statute 61.075(6)
1. What counts as a marital asset or liability in a Florida divorce?
Marital assets and liabilities include just about anything acquired or incurred during the marriage—even if it's titled in only one spouse's name. That includes:
- Homes, cars, bank accounts, and credit card debt
- Retirement funds, pensions, or 401(k)s that grew during the marriage
- Business interests or appreciation of property—even if one spouse brought it into the marriage
It doesn't matter who “paid for it”—if it happened during the marriage, it's probably on the table.
2. What if I brought property into the marriage—does my spouse get part of that too?
Not automatically. But… if your spouse helped improve it, paid down a mortgage, or if marital funds enhanced its value, then part of the increase in value can become marital.
🔍 Example 1: You bought a condo before the wedding but used joint funds to pay the mortgage—now the appreciation might be partially marital.
🔍 Example 2: Your spouse helped renovate your pre-marital home—if the value went up, they may have a claim.
3. What's this “coverture fraction” I keep hearing about?
It's Florida's math formula to calculate how much of your separate property's appreciation is now marital. It's used when a nonmarital property goes up in value and is paid down with marital funds.
🧮 Coverture Fraction = Marital principal paid ÷ Value of property at time of marriage or encumbrance
👉 Multiply that by the property's appreciation to find out what's marital.
🔍 Example 1: Your beach house appreciated $100k, and $30k of the mortgage was paid during the marriage—your spouse may be entitled to a share of that $30k-related growth.
🔍 Example 2: No marital funds used? No marital share of the appreciation.
4. Are interspousal gifts during the marriage considered marital?
Yes. Gifts between spouses count as marital assets—unless there's solid evidence (like a deed or prenup) saying otherwise.
Note: A deed must comply with Florida Statute 689.01 to change real estate ownership. A casual “this house is yours now” won't hold up in court.
🔍 Example 1: Gifting a car during the marriage = marital.
🔍 Example 2: Gifting property without a deed = not legally valid.
5. What about retirement accounts and pensions?
Retirement plans—whether vested or not—are marital if they grew during the marriage. That includes 401(k)s, pensions, annuities, and more.
🔍 Example 1: You had a pension before marriage, but it doubled while you were married—your spouse might be entitled to half of that increase.
🔍 Example 2: A deferred bonus earned during the marriage but paid after divorce is still a marital asset.
6. Can my spouse get part of my business if I built it during the marriage?
Possibly. If the business grew during the marriage, the value of that growth—and especially any enterprise goodwill (the value of the business separate from you)—can be divided.
Enterprise goodwill = marital.
Personal goodwill (you're the brand) = not marital.
🔍 Example 1: You own a dental practice with a strong client base and staff—enterprise goodwill exists and may be marital.
🔍 Example 2: You're a freelance consultant with no business name or staff—likely personal goodwill only.
7. What about property titled jointly—like bank accounts or homes?
If it's titled jointly as “tenants by the entireties” (which many married couples use), Florida presumes it's marital—no matter when you got it.
To prove it's nonmarital, you must show clear and convincing evidence—this is a high burden of proof.
🔍 Example 1: A savings account you opened together = presumed marital.
🔍 Example 2: You added your spouse to a deed for convenience only—but didn't mean to gift them ownership—you must prove it clearly.
âś… Next Steps
Equitable distribution can be anything but equal—especially when separate and marital assets are blended. If you're heading into divorce or already in it, don't guess—get guidance.
🎥 Watch our video on Equitable Distribution in Florida
đź“ž Need a strategy? Contact our firm for a consultation.