Florida Divorce Property Division
What the Law Says
Florida courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.
Florida law presumes equal distribution of marital assets and liabilities, but courts may order unequal distribution based on relevant factors. Non-marital assets are generally not subject to distribution.
Statutory Factors (Fla. Stat. §61.075)
Florida courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
Florida: community property or equitable distribution?
Equitable distribution. Under Fla. Stat. §61.075, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a Florida court weigh?
Fla. Stat. §61.075 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does Florida split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs Florida's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: Fla. Stat. §61.075 AI draft · Full law library entry