When couples divorce in Florida, one of the most emotional and complex issues is how property, assets, and debts will be divided. Many people assume everything is simply split 50/50 — but under Florida law, that’s not always the case. The process is called equitable distribution, and while it aims for fairness, it doesn’t always mean “equal.”
As a Miami family law attorney, I help clients navigate this process every day — especially in high-net-worth divorces where the stakes are high, and the details matter.
What Is Equitable Distribution in Florida?
Florida follows an “equitable distribution” system under Florida Statute §61.075. This means the court divides marital assets and liabilities in a way it considers fair, based on each party’s circumstances.
The starting point is usually a 50/50 split, but the court can adjust that ratio after reviewing specific factors — such as contributions to the marriage, economic circumstances, or intentional waste of assets.
Marital vs. Nonmarital Property
Before the court can divide anything, it must determine what’s marital and what’s nonmarital.
Marital property generally includes:
Assets and debts acquired during the marriage
Retirement accounts, pensions, or investments earned during the marriage
Real estate purchased after the wedding
Businesses or professional practices that grew in value during the marriage
Nonmarital property typically includes:
Assets owned before the marriage
Inheritances or gifts given to one spouse alone
Certain personal injury settlements
Items protected by a valid prenuptial or postnuptial agreement
A key challenge arises when nonmarital assets become mixed (“commingled”) with marital funds — for example, if one spouse deposits inheritance money into a joint account or uses it to pay for a shared home. That can turn separate property into marital property.
Factors Florida Courts Consider
If the court decides a perfectly equal split isn’t fair, it looks at various factors to adjust the division. These may include:
Each spouse’s contribution to the marriage, including as a homemaker or parent
Economic circumstances of each party
The duration of the marriage
Any interruption of career or education for the benefit of the family
Intentional waste or dissipation of assets (for example, spending marital money on an affair)
The desirability of keeping certain assets intact, such as a family business or home
Each spouse’s contribution to acquiring, improving, or maintaining marital property
Who Gets the House?
One of the most common — and emotional — questions in Florida divorces is, “Who gets the house?”
There’s no automatic rule. The court may award the home to one spouse if:
It’s in the best interest of minor children to remain there
One spouse can buy out the other’s share
Selling and dividing proceeds would be financially reasonable
In some cases, the court orders the home sold, and proceeds are divided according to the equitable distribution plan.
Business Ownership and Complex Assets
High-net-worth or professional couples often face complex asset division, involving:
Family-owned businesses
Professional practices (law, medicine, accounting, etc.)
Stock options, restricted stock, or bonuses
Investment portfolios and cryptocurrency
Real estate across multiple states or countries
These situations often require forensic accountants or valuation experts to determine each spouse’s share. Working with an experienced Miami equitable distribution attorney helps ensure nothing is overlooked.
Debt Division
Equitable distribution also applies to debts, including:
Mortgages
Credit cards
Car loans
Business debts
Tax liabilities
Generally, debts incurred during the marriage are considered marital, regardless of whose name is on them — unless there’s proof they were used for nonmarital purposes.
Protecting Your Rights
To protect your financial future during divorce:
Gather documentation — bank statements, tax returns, deeds, titles, and account balances.
Avoid hiding or transferring assets. Courts can penalize spouses who attempt to conceal money.
Consider mediation or collaborative divorce to maintain control over how assets are divided.
Work with an attorney experienced in equitable distribution, especially if your case involves complex property or business interests.
Final Thoughts
Equitable distribution in Florida isn’t just about numbers — it’s about fairness and clarity. Whether you’re trying to protect what you built or ensure a fair share of marital assets, understanding how courts evaluate property division can make all the difference.
If you’re facing divorce in Miami or anywhere in South Florida, consulting with an experienced Florida equitable distribution lawyer can help you navigate the process strategically and with peace of mind.