Equitable Distribution FAQs

Most married people expect their marriages to last a lifetime and, therefore, do not hesitate to combine their assets and earnings with one another. Unfortunately, however, many marriages fail, and when a married couple has to divide any joint assets or property accrued throughout the life of the marriage, the process is often contentious and complicated. It is critical, therefore, for anyone faced with the end of a marriage to understand their rights with regard to equitable distribution, and they should speak to an attorney as soon as possible. Sandy T. Fox is a knowledgeable Miami divorce attorney who can advise you of your rights and assist you in seeking the best result available under the facts of your case. Mr. Fox is a Florida Bar Board Certified specialist in Marital & Family Law, and he routinely represents parties in family law cases.

Equitable distribution is the principle applied by Florida courts to divide marital assets and liabilities in divorce cases. In contrast to community property states where the courts divide assets equally, equitable distribution intends to achieve a fair and just distribution based on various factors outlined in the Florida Statutes. Specifically, the court will consider factors such as the contribution of each spouse to the marriage, the economic circumstances of each party, the duration of the marriage, the party’s educational backgrounds and earning potential, and whether their careers were interrupted. Equitable distribution is designed to ensure fairness, which does not necessarily mean that the courts will distribute assets equally between the parties. Rather, the courts divide property in a manner deemed fair and equitable under the circumstances of each case.

Florida courts categorize property as either marital or separate. Marital property includes assets and liabilities acquired during the marriage, regardless of whose name they are in or how they are titled, with few exceptions as outlined in the Florida Statutes. Separate property, on the other hand, consists of assets and liabilities that were acquired before the marriage, as well as those obtained via gift or inheritance during the marriage and kept separate. The distinction between marital and separate property is crucial in equitable distribution, as only marital assets and liabilities are subject to division by the courts.

Prenuptial and postnuptial agreements can significantly impact equitable distribution in Florida divorces. These agreements allow parties to predetermine how assets and liabilities will be divided in the event of divorce, thus potentially superseding the default equitable distribution laws of the state. For such agreements to be enforceable, they must meet certain legal requirements outlined in the Florida Statutes, including full financial disclosure by both parties, voluntary execution without coercion, and fairness in the terms.

Marital misconduct, such as adultery or abuse, generally does not directly impact equitable distribution in Florida divorce cases. However, there are certain circumstances where marital misconduct may indirectly affect equitable distribution. For example, if one spouse dissipates marital assets through reckless actions, financial misconduct, or fraudulent behavior, like hiding assets, the court may take such actions into consideration when dividing assets to ensure an equitable outcome.

In Florida, debts incurred during the marriage are subject to equitable distribution along with marital assets. Equitable distribution involves the court's determination of a fair and just allocation of marital liabilities between the spouses, taking into account the same factors evaluated when determining how to divide assets.

The manner in which property should be divided is often one of the most contested issues in divorces. If you or your spouse intend to end your marriage and you have questions regarding equitable distribution, it is critical to consult an attorney. The knowledgeable Miami divorce attorneys of the Law Offices of Sandy T. Fox, P.A., have the skills and resources needed to help you strive for a good result, and we will fight tirelessly on your behalf. Our office is located in Aventura, and we regularly represent parties in divorce proceedings in Miami. You can contact us to arrange a meeting by calling 800-596-0579 or using our online form.