Florida Property Division Calculator

Florida uses equitable distribution under Statute § 61.075, meaning courts divide marital property fairly but not necessarily equally. The court starts with the presumption of a 50/50 split, then considers 10 statutory factors — including marriage duration, each spouse's contributions, and economic circumstances — to determine whether an unequal division is justified. Both assets and debts acquired during the marriage are subject to division.

Under Florida Statute § 61.075(6), marital property includes all assets and debts acquired during the marriage, regardless of which spouse's name is on the title. This encompasses bank accounts, real estate, vehicles, business interests, retirement benefits (vested and unvested), interspousal gifts, and the enhanced value of nonmarital assets resulting from either spouse's efforts or marital funds. Property held as tenants by the entireties is presumed marital.

Florida is an equitable distribution state, not a community property state. Unlike the 9 community property states that split marital assets 50/50 automatically, Florida courts under § 61.075 begin with equal distribution as a starting point but have discretion to order an unequal split based on 10 statutory factors. This means a Florida judge can award one spouse 60% or more of marital assets if the circumstances warrant it.

Retirement contributions made during the marriage are marital property under § 61.075. Dividing employer-sponsored plans like 401(k)s and pensions requires a Qualified Domestic Relations Order (QDRO), which allows tax-free transfer to the other spouse's retirement account. IRAs do not require a QDRO and can be split via direct rollover. Florida Retirement System (FRS) pensions voluntarily accept QDROs, but many municipal plans do not — requiring alternative valuation methods.

Florida's Homestead property receives special treatment due to constitutional protections under Article X. Courts typically order one of three outcomes: one spouse buys out the other's equity, the home is sold and proceeds divided, or one spouse retains exclusive possession — particularly when minor children reside there, as permitted under § 61.075(1)(h). The marital home held as tenants by the entireties is presumed marital property regardless of when it was acquired.

Inheritances are classified as nonmarital property under Florida Statute § 61.075 and are generally not subject to division — but only if kept separate from marital funds. If you deposited inherited money into a joint account, used it to improve the marital home, or commingled it with marital assets, the inheritance may lose its nonmarital classification. The burden of proof falls on the spouse claiming the asset is nonmarital.

Florida courts divide marital debts using the same equitable distribution framework under § 61.075 that applies to assets. Debts incurred during the marriage are generally considered marital liabilities, regardless of which spouse's name is on the account. However, debts from forgery or unauthorized use of one spouse's signature are classified as the nonmarital liability of the forging spouse. Courts consider each party's ability to pay when distributing debt obligations.

Florida Statute § 61.075(1) lists 10 factors: (1) each spouse's contributions including homemaking, (2) economic circumstances, (3) marriage duration, (4) career or educational interruptions, (5) contribution to the other's career, (6) desirability of retaining a business intact, (7) contribution to asset acquisition, (8) desirability of retaining the marital home for children, (9) intentional dissipation of assets within 2 years before filing, and (10) any other factor necessary to achieve equity.