Florida Property Division: Equitable Distribution
Florida is an equitable distribution state. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are acquired during the marriage; nonmarital property is owned before marriage or received by gift or inheritance.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Property division turns on your specific facts — talk to a Florida attorney about your situation.
Florida is an equitable distribution state — not a community property state. “Equitable” means fair, which often but not always means equal.
Start with an equal premise
The court must begin with the premise that distribution should be equal (Fla. Stat. § 61.075). It moves away from an even split only if a justification for an unequal distribution exists based on the statutory factors — for example, each spouse’s contribution to the marriage, economic circumstances, or the intentional waste of marital assets.
Marital vs. nonmarital property
Only marital property is distributed. The two categories are:
- Marital assets — generally those acquired during the marriage, plus the appreciation of nonmarital property caused by marital effort, and benefits accrued during the marriage; and
- Nonmarital property — owned before the marriage, or received by gift, bequest, devise, or descent (inheritance). This is set aside to its owner.
Classifying and valuing assets is often the hardest part of a divorce, and it interacts with any alimony award. To get matched with a local Florida family-law attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Does Florida split marital property 50/50?
- Not automatically, but it starts there. Florida is an equitable distribution state, and the court must begin with the premise that distribution should be equal unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075).
- What's the difference between marital and nonmarital property?
- Marital assets are acquired during the marriage (plus marital-effort appreciation of nonmarital property and benefits accrued during the marriage). Nonmarital property is owned before marriage or received by gift, bequest, devise, or descent (Fla. Stat. § 61.075).
- Is Florida a community property state?
- No. Florida is an equitable distribution state, not a community property state. The court divides marital assets starting from an equal premise but can adjust based on statutory factors (Fla. Stat. § 61.075).
Sources
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