Getting a divorce can be a long and difficult process, but determining how to divide marital properties can be a complicated task. Some divorces can be relatively simple as the divorcing couple will decide to split their properties evenly between both parties. In other cases, a lawyer might be needed to decide how much property and financial support each spouse should be given. Different factors affect the amount of equitable distribution between spouses. At the Coye Law Firm, we are here to help you understand those factors. Call us today at 407-648-4940.

What Is Equitable Distribution?

Equitable distribution does not mean that upon the dissolution of a marriage that the two spouses will distribute everything evenly. On the contrary, equitable distribution refers to the financial situation that both spouses will be in after the dissolution of the marriage. According to Florida statute 61.075, “…the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors including:”
  • The income of each spouse
  • One spouse having a harder time adjusting to a self-sufficient lifestyle due to being a stay-at-home mother/father
  • Duration of marriage
  • Marital infidelity
  • Providing care for the children of the marriage

Marital vs. Non-Marital Property

It is important to understand the difference between non-marital property and marital property and what happens if the two commingle. Non-marital property is the property that each spouse acquired before his or her marriage and is usually identified as property under the ownership in one person. Marital property is the property that the each spouse acquired during the length of his or her marriage. Non-marital property can transmute into marital property under, but not limited to the following conditions:
  • Re-titled jointly (gift)
  • Used for marital purposes
  • Commingled with marital property (failure to segregate)
  • Marital effort or funds were used to maintain its value
The line between what you own and what you share can be blurry. An attorney might be best suited to decide what is marital property and what is non-marital property. 

What To Do

Determining how properties should be divided vary from case to case. To find out how your property should be divided and how much spousal support you should give or receive, call the Coye Law Firm today at 800-648-4941. Our lawyers are experienced and are dedicated to serving the people of central Florida.