Equitable distribution
Florida divides marital assets and liabilities fairly, and not necessarily 50/50. What is marital, what it is worth, and who keeps it are questions that decide the financial outcome of a divorce.
How I build the case
When a case involves equitable distribution, the first thing I do is determine the nature of each asset, marital or non-marital, and then its value. From there I build an equitable distribution worksheet and submit it to the court, so my client's position is unmistakably clear.
Factors the court considers
The contributions each spouse made to the marriage, including raising children and supporting the other's career or education.
The financial strengths and needs of each party.
Whether one party set aside a career or education for the marriage or children.
Whether one party strongly wants to retain a particular marital asset.
Whether one party intentionally dissipated a marital asset.
Any other factor the court deems necessary for a fair result.
Non-marital assets, the coverture fraction, and passive appreciation
Assets owned before the marriage are non-marital and not subject to distribution. But if marital funds improved the asset or paid its debt, a hybrid asset is created with both marital and non-marital portions. You value the asset at the date of marriage and again at the date of filing, and a formula determines the marital share.
The classic example is a home owned before the marriage. If income earned during the marriage paid the mortgage, the principal paid down is subject to distribution. That is the coverture fraction under Florida Statute 61.075.
Passive appreciation is different: if a non-marital asset grows in value purely from market forces, with no marital contribution, that growth stays non-marital.
Marital liabilities
Debt is handled the same way as assets. Each marital liability is subject to equitable distribution, and it does not matter who ran up the debt or whether the other party knew about it.
Fair does not mean equal. It means proven.
Related reading
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