Is Unequitable Distribution in Florida Possible?


Under Fl. Stat. § 61.075: Equitable Distribution of Marital Assets and Liabilities, Florida courts shall set apart to each spouse that spouse’s non-marital assets and liabilities. Generally, courts will distribute a couple’s martial assets and liabilities equally among both parties to the divorce proceedings. Equitable distribution in Florida is the norm, meaning this is the starting point for Florida divorce courts. If a party claims that unequal distribution of marital assets or liabilities should be used, Florida courts look to the following factors to determine whether an unequal distribution is justified:

1. The contribution of each spouse to the marriage. This includes the contribution to the care and education of the children and services as homemaker.
2. The economic circumstances of the parties.
3. The duration of the marriage.
4. Whether either party’s personal career or education opportunities were interrupted.
5. Whether one spouse contributed to the personal career or education opportunity of the other spouse. For example, if one spouse took one two jobs to pay for a legal or medical education for the other spouse.
6. Whether one spouse wants to keep assets in the same form without any interference.
7. Whether one spouse wants to keep the marital home as a residence for dependent children. This must be in the best interest of the child and financially possible.
8. The contribution of each spouse to the acquisition, enhancement, and production of income of the improvement of, or the incurring liabilities to, both the marital and non-marital assets.

It is important to protect your assets and other interests.Contact a Florida Divorce Attorney for representation in your divorce proceeding.

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