Florida doesn’t split everything down the middle. It sets aside what is separate, then starts from equal on what is left.
Section 61.075 governs equitable distribution. The court first identifies which assets and liabilities are marital and which are non-marital. It sets aside each party’s non-marital property, because that is not part of the marital estate.
Then it values what remains, as of a date the judge determines to be just and equitable. Different assets may be valued as of different dates. Only after classifying and valuing does the court divide.
The statute requires the court to begin with the premise that distribution of the marital estate should be equal, unless there is justification for an unequal distribution based on all relevant factors. In practice, courts are reluctant to depart from equal, and any distribution must be supported by factual findings based on competent substantial evidence.
All assets acquired and liabilities incurred by either party after the date of the marriage, and not specifically established as non-marital, are presumed to be marital. The presumption is overcome by showing that they are non-marital.
That is where the records matter. The presumption runs against the party claiming an asset is separate, so the burden of proving it is separate falls on the one who says so. Statements, deeds and account histories are how that gets proved.
Where a party requests an unequal distribution, the court examines the statutory factors set out in section 61.075(1).
Property one party buys for the other with separate funds can become marital. Where a party uses non-marital money to buy a home for the other and titles it in both names, a marital asset has been created. Clear and convincing evidence is required to overcome the gift presumption.
The 2024 legislative session amended section 61.075 on how certain marital and non-marital assets are defined, including the marital interest in a closely held business and the designation of interspousal gifts of real property.
Classification is a documentary exercise. Whether an asset is separate turns on the date of acquisition, the source of the funds, and how title was held. Each of those facts is established by account statements, deeds and closing documents rather than by recollection.
Assemble the documentary record for any asset you intend to claim as non-marital before the argument begins. The statutory presumption runs against that claim, and documents are what rebut it.
The complete set walks you through the whole process in order, with the records list, the worksheets and the questions to request answers to before you sign a retainer.