Florida has adopted what is known as Equitable Distribution. Under the Equitable Distribution scheme, marital property is fairly (equitably) divided between the parties of a divorce.
The current Fla. Statutes require a court to begin the process of dividing assets and liabilities by setting aside those assets that are defined as “non-marital.”
• typically those assets which either were owned prior to the marriage or inherited during the marriage and not mixed with marital assets,
• or those properties specified in a written agreement between the parties as non-marital.
Next, the court will divide marital assets and marital liabilities, starting with the presumption that such assets and liabilities will be distributed equally. The court may distribute unequally marital assets and marital liabilities based upon a series of factors including:
• the contributions of each party to the marriage,
• the contribution of one party to the career or educational opportunities of the other,
• the intentional depletion or destruction of marital assets by one party,
• and other equitable factors.
This is just a very brief look at the basics of Equitable Distribution. If you are considering divorce and are weary of what may happen to your assets and liabilities it is advisable to contact a Jacksonville Florida Divorce Lawyer today.