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Equitable Distribution in Florida

Depending on what state you live in, you may qualify for equitable distribution. In states like Florida, for example, it is up to the court to do what is "fair", or equitable, when splitting up liabilities and assets. However, this does not always translate to a 50/50 split of the marital property.

Using "competent" and "substantial evidence," rather than speculation and testimony, it is the court's duty to split up the assets equitably. The court will usually start with non-marital liabilities and assets, such as those that were obtained prior to the marriage. Yet not all property acquired before the marriage is considered immune; if the value rose substantially during the marriage, it could be included in the final settlement.

Once this has been completed, the court will then determine whether an inequitable distribution is warranted. By looking at factors like the financial circumstances of both parties, the duration of the marriage and each party's contributions to the marriage, the judge will arrive at a conclusion. The judge must then outline his/her decision and explain why the assets were divided as they were.

Have questions pertaining to equitable distribution? Contact our legal team to consult with a Jacksonville family law attorney.

  • Over a Decade Of Trial Tested Experience

    See how the team at Hutchinson Law can put our years of experience to work for you!

    About the Firm
  • The Benefits of Uncontested Divorce

    Get the facts about uncontested divorce to determine whether or not it’s right for you.

    Why Uncontested Divorce?
  • Tell Us About Your Family Law Case Today

    Fill out an evaluation form to have our attorneys review your situation.

    Get Started

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Hutchinson Law
Jacksonville Divorce Lawyer
Located at: 6817 Southpoint Parkway,
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Jacksonville, FL 32216
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.