Florida Property Division: The Equal Premise

By the FigureMyTax Editorial Team · How we calculate

Florida sets apart each spouse’s nonmarital property and divides the marital property beginning with the premise that the distribution should be equal, unless relevant factors such as contributions, economic circumstances, the duration of the marriage or dissipation justify an unequal one.

Equal premise, equitable factors

The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Florida is not one of them, but its statute, Fla. Stat. 61.075(1), directs the court to set apart each spouse’s nonmarital assets and liabilities and, in distributing the marital ones, to begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.

The factors that can justify an unequal split

Each spouse’s contribution to the marriage, including child care, education and services as homemaker; the economic circumstances of the parties; the duration of the marriage; interruptions of careers or educational opportunities; one spouse’s contribution to the other’s career or education; the desirability of keeping an asset such as a business intact; contributions to the acquisition, enhancement and production of income or the improvement of marital and nonmarital assets, or the incurring of liabilities; the desirability of retaining the marital home for a dependent child; intentional dissipation, waste, depletion or destruction of marital assets after the filing of the petition or within 2 years before it; and any other factors necessary for equity and justice.

Findings the court must make

In a contested case without a stipulation, any distribution, equal or unequal, must be supported by factual findings based on competent substantial evidence. The judgment must clearly identify nonmarital assets and ownership interests, identify and value significant marital assets and designate which spouse gets each, identify marital liabilities and designate which spouse is responsible for each, and give the court’s rationale.

Cash payments and interim distributions

A cash payment awarded in equitable distribution, in full or in installments, vests when the judgment is awarded and does not end on remarriage or death, unless the parties agree otherwise; it is treated as a debt of the obligor or the obligor’s estate. On good cause the court can make an interim partial distribution while the case is pending, for example to prevent loss of housing, to pay a child’s expense or to pay reasonable attorney fees.

The cut-off date and valuation

The date for classifying assets and liabilities as marital is the earliest of a valid separation agreement, another date set in that agreement or the filing of the petition. The date for valuing assets is whatever the judge finds just and equitable, and different assets may be valued as of different dates.

Documents to gather

Gather deeds, titles, account and retirement statements, loan balances, tax returns and business records with dates acquired. Evidence of contributions, such as who stayed home or supported the other’s education, supports the factors.

Test a split

The Florida property division calculator starts at an equal share and lets you test other shares and the payment each one implies.

Frequently asked questions

Official sources

• Florida Statutes 61.075: equitable distribution
• IRS Publication 555: community property states

This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.