Florida Family Court is a Court of Equity – What does this mean for you?


The Florida Family Courts are courts of equity. The goal of equity courts is to make the parties equal. What exactly does this mean? Generally, this means that family courts are supposed to deal fairly and equally with all the concerned parties. Florida is an equitable distribution state. Equitable distribution falls under Fl. Stat. sec. 61.075. Under this statute, Florida courts will set apart each of the spouse’s non-martial assets and liabilities. These non-marital assets and liabilities will be kept separate from the marital assets and liabilities and go to the individual spouse. Non-marital assets include those assets and liabilities incurred prior to the marriage and martial assets and liabilities include those that were acquired or incurred by either or both spouses during the marriage. Marital assets and liabilities are usually divided equally among the couple. However, unequal distribution is possible. To read more on unequal distribution see Is Unequitable Distribution in Florida Possible? Being in a court of equity also means that you are unlikely to get monetary damages because damages are considered a legal, not an equitable, remedy. The goal of equitable remedies is to place the injured party in the position they were in before the injury occurred.

The type of court you appear in can affect your pleadings and causes of action. Contact a Florida Family Law Attorney for legal representation in your family law action. Having legal representation provides better protection for you interests and goals throughout your dissolution, child support, dependency or other family law action

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