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How do Florida courts divide assets in divorce?

We have previous looked on this blog at the issue of property division in divorce. As we’ve noted, Florida courts use an approach to property and debt division known as equitable distribution, which in this state means that courts begin with the premise that distribution of assets should be equal between the parties, unless there is unequal distribution is justified.

Courts take into account a variety of factors when determining how to divided assets and debts. Really, any relevant factor may be taken into consideration, and so it is important to have an experienced advocate at one’s side to ensure one’s interests are represented. This is particularly important for the financially weaker party in the relationship. 

Some of the factors that can potentially be of significance for a financially weaker party in divorce are:

  • The contribution to the marriage made by each spouse, including contributions to the care and education of children and homemaking services;
  • The economic circumstances of the parties;
  • Interruptions of personal careers or education opportunities of either party;
  • Contributions made to the personal career or educational opportunity of the other spouse;
  • The contribution of each spouse to the acquisition, enhancement and production of income

Spouses who have left a lucrative career to care for children and tend to the affairs of the home, spouses who have left their own career to contribute to the growth of the other spouse’s business, and spouses who are worse off financially for making contributions to the business affairs of the other spouse, need to have a strong advocate at their side to ensure they make a strong argument for their interests. 

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