Quick answer: Florida is an equitable distribution state, not a community property state, but its statute begins with the premise that the distribution of marital assets and liabilities should be equal, unless the relevant factors justify an unequal one. Each spouse’s nonmarital assets and liabilities are set apart first. Marital property includes assets acquired and debts incurred during the marriage, retirement benefits earned during the marriage, the marital interest in a closely held business, and the marital portion of a premarital home when the mortgage was paid down with marital funds.
What the Florida statute says
- Equal premise. The court sets apart each spouse’s nonmarital assets and liabilities and divides the marital ones beginning with the premise of equal distribution (Fla. Stat. 61.075(1)).
- Factors for an unequal split. Contributions to the marriage including homemaking and child care; the parties’ economic circumstances; the duration of the marriage; interruption of careers or education; one spouse’s contribution to the other’s career or education; the desirability of keeping an asset such as a business intact; contributions to marital and nonmarital assets and liabilities; the desirability of keeping the marital home for a dependent child; intentional dissipation or waste after filing or within 2 years before filing; and any other factor needed for equity.
- Nonmarital property. Assets and liabilities from before the marriage and what is acquired in exchange; noninterspousal gifts, bequests and inheritances; income from nonmarital assets unless the parties treated it as marital; and what a valid written agreement excludes (61.075(6)(b)).
- Cut-off date. The earliest of a valid separation agreement, a date set by that agreement or the filing of the petition (61.075(7)).
- Cash awards. A cash payment for equitable distribution vests in full when awarded and does not end on remarriage or death (61.075(2)).
How the calculator works
You enter the marital assets and debts each spouse holds and, if you own a home from before the marriage, the figures the statute uses for its marital portion. The calculator adds the marital property, applies the share you choose (50 percent to start) and shows the equalizing payment. The reasoning is in how Florida divides property, marital versus nonmarital property and the marital home and mortgage paydown.
Property and alimony
Property awards and alimony are decided in the same case: the standard of living, resources and income from marital and nonmarital assets are alimony factors. See the Florida alimony calculator.
Property division across Florida
The statute applies in every Florida circuit court, from Miami, Orlando, Tampa, Jacksonville, Tallahassee or Fort Lauderdale. In a contested case, the judgment must include written findings identifying nonmarital assets, valuing significant marital assets, and designating which spouse gets each asset and liability.
Frequently asked questions
Is Florida a community property state?
No. Florida uses equitable distribution, but its statute starts from the premise that marital assets and liabilities should be divided equally. The IRS lists nine community property states, and Florida is not among them.
Does Florida split property 50/50 in a divorce?
The court must begin with the premise that the distribution should be equal, and can depart from it when the relevant factors justify an unequal distribution.
Is an inheritance marital property in Florida?
No. Assets acquired separately by noninterspousal gift, bequest, devise or descent are nonmarital, and so is income from them unless the parties treated it as marital.
Is my retirement account divided in Florida?
The portion accrued during the marriage is marital, including vested and nonvested benefits in retirement, pension, profit-sharing, annuity and deferred compensation plans.
Is a house I owned before the marriage divided in Florida?
Only the marital portion: mortgage principal paid from marital funds, a coverture share of passive appreciation, and active appreciation from the parties' efforts or marital funds, capped at the net equity.