Equitable distribution means a fair, but not necessary equal division of property. Initially, the court must classify all assets and liabilities owned by the parties, either jointly or individually as either “marital” or “non-marital.” Once this classification is complete, the court must distribute to each spouse that spouse’s non-marital assets and liabilities. Thereafter, marital assets and liabilities must be distributed in accordance with various factors as listed in Florida Statutes.

Here are the factors that the court may considers depending on your case:

• The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
• The economic circumstances of the parties.
• The duration of the marriage.
• Any interruption of personal careers or educational opportunities of either party.
• The contribution of one spouse to the personal career or educational opportunity of the other spouse.
• 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 contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
• The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
• 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 factors necessary to do equity and justice between the parties.

Marital property includes real property held together by the parties, all assets acquired and liabilities incurred during the marriage, gifts to each other during the marriage, all vested and non vested benefits, rights, and funds accrued during the marriage and the enhancement in value and appreciation of non-marital assets. Marital property is subject to equitable distribution.

Non-marital property includes real property held individually before the marriage, assets and liabilities incurred before the marriage, gifts received before the marriage, and assets and liabilities excluded and segregated from the marital property. Non-marital property is not included in equitable distribution.

At Capizzi Legal we will meticulously assesses and analyzes your martial assets and sometimes we engage forensic accountants to help us allocate all assets and liabilities so that a fair and equitable share of assets and liabilities can be archived.