How Florida divides property
Equitable distribution, explained
Florida uses equitable distribution. The law starts with the premise that marital assets and debts should be divided equally, unless there is a justification for an unequal split. When spouses agree, they can divide property however they choose — the key is identifying everything and documenting it correctly.
- Marital property generally includes assets and debts acquired during the marriage
- Non-marital property generally includes assets owned before the marriage, gifts, and inheritances kept separate
- Non-marital assets can become partly marital — for example, when marital funds or effort increase their value
Mandatory financial disclosure
Florida requires both spouses to exchange financial affidavits and core financial documents. Complete disclosure protects the agreement — and you — after the divorce is final.