When two people decide to get married in the state of Florida, they must consider how their assets and debts are handled in the event of a divorce. This is done through the process of equitable distribution. In the state of Florida, equitable distribution laws are applied in all divorce cases to ensure that all marital property and debts are fairly divided between the two parties. Knowing and understanding these laws are essential for all couples who are considering a divorce.


Equitable distribution is the legal process by which all marital property and debt is divided between two parties in a divorce. In Florida, the equitable distribution of property is based on a few key factors: the length of the marriage, the contribution of each spouse to the marriage, the economic circumstances of each spouse, and the desirability of keeping certain marital property intact, such as a family business or home.


At the beginning of a divorce, each party must fill out a Financial Affidavit, which provides a snapshot of the current financial situation, including each party’s income, assets, and debts. This is important for the court to use in determining the fair and equitable distribution of assets.


When a couple cannot agree on the division of marital property and debt, the court will make a decision based on Florida’s equitable distribution laws. The court will consider the length of the marriage, the contribution of each spouse to the marriage, and the economic circumstances of each spouse. In addition, the court will consider the desirability of keeping certain marital property intact, such as a family business or home.


If you and your spouse are considering divorce in the state of Florida, it is important to understand the laws and regulations regarding equitable distribution. To ensure that your rights are fully protected, it is a good idea to consult with a Florida family lawyer who is familiar with Florida's equitable distribution laws. A qualified Florida family lawyer can provide the legal advice and guidance you need to ensure that your best interests are represented during the equitable distribution process.



To learn more about Rafool, PLLC, including our team of Miami FL divorce attorneys, visit us online or call 305.567.9400.