Understanding Equitable Distribution in Florida
Equitable Distribution Defined
Equitable distribution is a legal principle in Florida that governs the division of assets and liabilities during a dissolution of marriage. Codified in 1988, this statute has fundamentally shaped how marital property is treated in divorce proceedings. Before this codification, case law primarily dictated the division of assets, but the introduction of Section 61.075 brought about significant changes, particularly in how real estate and personal property are handled.
Key Changes and Principles
One of the most notable changes introduced by Section 61.075 is the treatment of real estate held as tenants by the entireties. According to the statute, transferring premarital real estate into entireties ownership presumes that the property should be equitably distributed upon divorce. This is a shift from previous case law, such as Ball v. Ball, where the property remained nonmarital unless a gift was intended. The burden of proof now lies with the donor spouse to show that no gift was intended, marking a significant departure from prior legal standards.
The statute has undergone several amendments to clarify the burden of proof regarding the gift presumption and to extend this presumption to both personal and real property. Additionally, provisions have been added to allow for interim distribution of marital assets in extraordinary circumstances and to revise the coverture formula for determining the marital share of passive appreciation of nonmarital property.
Categorization and Division of Assets
Under Section 61.075, assets and liabilities are categorized into two types: marital and nonmarital. The statute defines what falls under each category and establishes presumptions to assist in this categorization. The court’s process involves identifying, valuing, and dividing these assets and liabilities.
Procedural Guidelines
The equitable distribution process is described in detail in Fla. Stat. § 61.075(1) and (3). It involves several steps:
- Identification of Assets and Liabilities: Each spouse’s nonmarital assets and liabilities are set apart. Marital assets and liabilities are identified and valued.
- Initial Equal Division Presumption: The court begins with the presumption that the distribution should be equal unless justified otherwise based on various relevant factors.
- Factors for Unequal Distribution: These factors include contributions to the marriage, economic circumstances, duration of the marriage, career interruptions, contributions to each other’s careers, retention of business interests, contributions to income and liabilities, the desirability of retaining the marital home, intentional dissipation of assets, and other relevant factors necessary to ensure equity and justice.
- Factual Findings Requirement: Any contested distribution must be supported by factual findings based on competent, substantial evidence, detailing the identification and valuation of assets and liabilities, and the rationale for the distribution.
Conclusion
Equitable distribution in Florida ensures a fair division of marital assets and liabilities during a divorce, guided by a comprehensive legal framework that considers various factors to achieve just outcomes. This statutory approach provides clarity and predictability in the dissolution of marriage proceedings, helping to safeguard the interests of both parties involved.
Why Hire Attorney Gabriel J. Carrera?
Navigating the complexities of equitable distribution requires expert legal guidance. Attorney Gabriel J. Carrera has extensive experience in Florida family law, ensuring that your rights and assets are protected. With a deep understanding of the nuances of equitable distribution, Gabriel J. Carrera will advocate for your best interests, providing personalized and effective legal representation.
Contact Attorney Gabriel J. Carrera today at 954-533-7593 or [email protected] to schedule a consultation and secure the expert legal assistance you deserve.
