Equitable Distribution Attorneys in Broward County
Florida divides marital property under the equitable distribution statute, Fla. Stat. § 61.075. Our firm has decades of experience identifying, classifying, valuing, and dividing marital estates — from straightforward to highly complex.
Quick answer
Equitable distribution is how Florida divides marital assets and liabilities in a divorce under Fla. Stat. § 61.075. The court begins with the premise of an equal split, then adjusts based on statutory factors including each spouse's contributions, economic circumstances, career interruption, and any intentional dissipation of marital assets. Non-marital property acquired before the marriage or by gift or inheritance stays with its owner unless commingled.
Equitable Distribution in Florida: key facts
- Governing statute
- Fla. Stat. § 61.075
- Starting premise
- Equal division of marital assets and liabilities
- Cut-off date
- Earliest of the date of a valid separation agreement or the date of filing
- Non-marital property
- Pre-marital assets, gifts and inheritances to one spouse, and their passive appreciation
- Commingling risk
- Non-marital funds mixed into joint accounts may lose their separate character
- Marital home
- May be awarded with exclusive use and possession to the parent with majority timesharing
Overview
Equitable distribution begins with classification: what is marital, what is non-marital, and what has been commingled or transmuted. Marital assets and liabilities are then valued and divided in a way the court finds equitable — usually, but not always, equally.
Non-marital assets — property acquired before the marriage, inheritances, and gifts to one spouse — remain with the original owner absent commingling or an interspousal gift.
How the firm approaches equitable distribution
We work through classification carefully because it drives the rest of the case. We trace non-marital funds through account statements, deed histories, and gift documentation, and we identify enhancement or passive appreciation issues that shift value between the marital and non-marital columns.
Ms. Birnbaum authored the 'Equitable Distribution and Special Equities' chapter of Florida Dissolution of Marriage (Fla. Bar CLE) and has taught the subject to other family law practitioners.
Frequently Asked Questions
Is Florida a community property state?
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No. Florida is an equitable distribution state. Marital assets are divided fairly, which is presumed to be equally unless a party proves that unequal distribution is justified.
What is the cutoff date for marital property?
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The default cutoff is the date the petition for dissolution is filed, though the court may select an earlier date if the parties have been separated or a later date in equity.
How is the home divided?
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The marital home can be sold with proceeds divided, awarded to one spouse with a buyout, or retained temporarily for the children with a deferred sale.
What about debt?
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Marital liabilities are divided along with marital assets. Debt incurred for a non-marital purpose or without the other spouse's knowledge may be assigned entirely to the incurring spouse.
What counts as a marital asset in Florida?
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Marital assets are those acquired by either spouse during the marriage regardless of whose name is on title, including wages, retirement contributions earned during the marriage, real property, and the enhancement in value of a non-marital asset resulting from marital labor or funds. Assets owned before the marriage, and gifts or inheritances received by one spouse alone may be classified as non-marital.
Is a retirement account divided in a Florida divorce?
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The portion of a 401(k), pension, or IRA accumulated during the marriage is a marital asset subject to equitable distribution, while contributions and their passive growth from before the marriage generally are not. Employer plans are typically divided by a Qualified Domestic Relations Order, which directs the plan administrator to create a separate interest for the receiving spouse.
Who keeps the house in a Florida divorce?
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There is no automatic rule. The marital home may be sold with the net proceeds divided, awarded to one spouse with an offsetting share of other assets, or retained temporarily under an award of exclusive use and possession — most often to the parent exercising majority timesharing so the children can remain in the same school. Refinancing capacity usually drives the practical outcome.
Discuss your matter, in confidence.
Monday – Friday, 8:30 a.m. – 5:00 p.m. (closed 12:00 – 1:00 p.m.)