How is property divided in a divorce?

In Florida, the courts use what is called equitable distribution to divide property during a divorce. This means that the court will look at all the assets and debts that are owned by both spouses and divide them equitably (or fairly). Generally, the court will start with the assumption that the division should be equal, but they can decide to award one spouse more of the assets or debts if there is a good reason for it. There are some assets that are considered separate property and cannot be divided in a divorce. This includes any assets that a person owned before the marriage, as well as any inheritance or gifts that were given to one spouse during the marriage. It is important that the court distinguishes between separate and marital property in the divorce proceedings. In Florida, there are no specific rules about how to divide assets and debts. The court will look at a variety of factors, including each spouse’s separate financial situation, the contribution of each spouse to the marriage, and the length of the marriage. The court will also look at the needs of each spouse and any minor children involved. It is important to remember that the court will make its own determination about how to divide the assets and debts. This process can be complex and it is best to consult with an attorney who has experience with Florida divorce law.

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