Florida Statute Chapter 61.075 governs equitable distribution of property, assets and liabilities.
The courts take a stance that upon marriage, everything that is put into the marriage, including property, assets and liabilities, until the date that the parties file for divorce is all part of the marital pot.
Initially, the presumption is that the marital pot is to be distributed equally, therefore, 50 50 equitable distribution.
However, if there are proven justifications that the marital pot should not be divided equally then it may be an unequal distribution.
Some of the circumstances where the parties would have an unequal distribution are if there was a depletion of marital assets for purposes of an extramarital affair, or other conduct which intentionally wasted, depleted or destroyed an asset.
A few of the other factors the Court may look at is each parties’ contributions during the marriage, duration of the marriage, interruption of education or careers, or other factors to do justice between the parties.
The courts normally will take a presumptive 50/50 stance with regard to property, assets and distribution of liabilities; however, there are circumstances where the parties might receive an unequal distribution.