Florida Property Distribution Laws

Florida Property Distribution Issues & Resources

Florida Property Distribution


The Court must begin the division of property with the presumption that all marital property must be divided equally. Not included in marital property are any items acquired prior to the marriage, property that was given to either party by gift or inheritance, and any property deemed "separate" property pursuant to a written agreement between the parties. In dividing marital property, the Court will consider the following:

  • the contribution to the marriage by each spouse including the contribution of each spouse as homemaker;

  • the length of the marriage; 

  • the age and health of the spouses;

  • the amount and sources of income of the spouses; 

  • the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; 

  • the standard of living established during the marriage; 

  • the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; 

  • any other factor. The Court will not consider marital fault in dividing property.

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