The 8 Factors Influencing Equitable Distribution

The 8 Factors Influencing Equitable Distribution

Divorce is a challenging process, and one of the most contentious aspects can be the division of assets. In Florida, the principle of "equitable distribution" governs how marital property is divided. Understanding this concept is crucial for anyone going through a divorce in the Sunshine State.

‍What is Equitable Distribution?

‍Equitable distribution is the legal principle that aims to divide marital property. Pursuant to Fla. Stat. §61.075, Florida courts must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution. based on all relevant factors

Marital vs. Non-Marital Property

‍Before diving into the distribution process, it's essential to distinguish between marital and non-marital property. All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities.

‍Factors Influencing Equitable Distribution

‍Florida courts consider various factors when determining how to equitably divide marital property.

These factors include:

1. Contribution to the Marriage: This includes both financial contributions and contributions as a homemaker.
2. Economic Circumstances: The financial situation of each spouse at the time of the divorce.
3. Duration of the Marriage: Longer marriages may result in a more even distribution of assets.
4. Interruption of Careers or Education: Consideration for a spouse who may have sacrificed career opportunities for the marriage.
5. Contribution to the Other Spouse’s Career: Support provided to enhance the earning capacity of the other spouse.
6. Desirability of Retaining Assets: For example, it might be more reasonable for one spouse to keep the family home if they have majority timesharing of the children.
7. Intentional Waste or Dissipation: If one spouse intentionally squandered marital assets, this could affect the distribution.
8. Other Factors: Any other factors the court deems relevant to achieve equity.

Navigating the complexities of equitable distribution in a Florida divorce requires a thorough understanding of the law and a strategic approach.

Let us help you find the legal solutions that fit your life.

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