Property Distribution:

A major issue decided during a divorce is the distribution of marital assets and liabilities. In Florida, all marital assets and liabilities are to be “equitably distributed.” This often means that the Court divides all the assets and liabilities equally between the parties, and always takes a 50/50 starting position. However, there are frequent occasions when an unequal distribution of the marital property and debts is appropriate. The following is a non-exhaustive list of some of the factors the Courts consider when deciding whether an unequal distribution is appropriate:

	The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker
	The economic circumstances of the parties
	The duration of the marriage
	Any interruption of personal careers or educational opportunities of either party
	The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party
	The desirability of retaining the marital home as a residence for any dependent child of the marriage
	The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition
	Any other factor necessary to do equity and justice between the parties