Florida Divorce Laws | Property Settlement


Florida property division guidelines follow an "equitable distribution" process, which means that the marital property, not personal property, under Florida divorce law is divided in a fair manner. “Fairness” is determined by a number of factors including, but not limited to: each spouses’ contribution to or appreciation of the property, length of marriage, amount and source of income of each spouse, and the standard of living established during the marriage.

Personal property, according to Florida law, is property obtained before the marriage, obtained through inheritance or gift, or obtained with a written agreement defining the property as private and “non-marital.” The marital property is all other property obtained as a unit during the marriage. Equitable does not necessarily mean equal, but rather what is considered fair in each situation of Florida divorce.

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