What is Equitable Distribution?

Think everything will be split equally during your divorce? Well, it’s more complicated than that. Equitable distribution is a legal principle used in Florida divorce proceedings to fairly divide marital assets and debts between spouses. Unlike equal distribution, which splits everything 50/50, equitable distribution considers various factors to determine what is fair for each party.

These factors may include the length of the marriage, the financial contributions of each spouse, and their respective needs and future earning capacities. The goal is to achieve a division that is just and reasonable, reflecting the unique circumstances of the couple.

At Untying the Knot, we understand that navigating the complexities of equitable distribution can be challenging. Our experienced Florida divorce attorneys are here to guide you through the process, ensuring that your rights are protected and that you receive a fair share of the marital property.

Non-Marital Property

First, we need to determine if the property is “marital” or “non-marital.” Non-marital property will not be subject to any sort of split. This kind of property is defined as property owned before the union or gifts you received during the marriage (NOT INCLUDING gifts from a spouse) or an inheritance. Non-marital property can also be defined by a pre-marital agreement.

If the non-marital property has provided an income, that income is also considered separate property unless you commingled with obviously marital funds. For example, if you have a trust fund that earns interest and you use that interest to pay the mortgage on the marital home or put it in a joint account, you made it marital.

Additionally, if you have a premarital home but you pay the mortgage payments after you get married and/or put the money you earn during the marriage into the home, you have made at least a part of that home a marital asset.

If you have questions regarding this issue or any other issue, please schedule an appointment with our attorneys.

Marital Property

In the state of Florida, marital property means all assets and debts acquired during the marriage, regardless of whose “name it’s in.” An example of this would be a credit card. If the card has only one spouse’s name on it, it will STILL be considered a joint debt.

Assets can include but are not limited to houses, land, cash, 401ks, and other retirement accounts (whether or not they have achieved vested status). If your benefits started accruing BEFORE the marriage, a determination on the percentage of the “funds” that may be considered marital property may be necessary.

Likewise, if something of value was singularly titled PRIOR to a marriage and it is rewritten to become a jointly owned item, then it WILL be considered marital property for purposes of distribution.

Couples should try to divide property privately if possible. Mediation can be very helpful. If you have to go in front of a judge to divide your debts and assets, they may decide to look at:

1. Financial circumstances of each spouse
2. The actual length of the marriage
3. Debts and liabilities specific to EACH spouse
4. Each spouse’s definable contributions to the marriage
5. Whether or not one of the spouses had to stop a career or interrupt pursuit or an educational degree for the sake of the marriage or the other spouse’s same advancement
6. If minor children are involved, the advisability of allowing them to remain in the marital home
7. Whether one or both spouses intentionally spent down/ruined assets after filing for divorce or in the two years immediately preceding such a filing

Schedule a Meeting With a Florida Divorce Attorney

What is an equitable distribution in your divorce? That’s what we’re here to help determine.

At Untying the Knot, our team is ready to help you understand your rights and work towards a fair division of assets and debts. Contact us today to discuss your case and learn more about how we can support you through the equitable distribution process.

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