Orlando Florida Divorce Attorney & Orange County Divorce Lawyer -
Equitable Distribution of Marital Assets & Liabilities
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WILSON
LAW FIRM, P.L.
Attorney at Law
W
Orange County FL Divorce Lawyer & Orlando Family Law Attorney
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Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity
between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which
lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to
each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities
between the parties, the court must begin with the premise that the distribution should be equal, unless there is a
justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the
children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) Any other factors necessary to do equity and justice between the parties.
(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or
in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate
upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt
owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the
parties.
(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any
distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order
based on competent substantial evidence with reference to the factors enumerated in subsection (1). The
distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written
findings of fact as to the following:
(a) Clear identification of nonmarital assets and ownership interests;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which
spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the
distribution of marital assets and allocation of liabilities.
(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer,
release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified
copy of the judgment, is recorded in the official records of the county in which the property is located.
(5) If the court finds good cause that there should be an interim partial distribution during the pendency of a
dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets
and liabilities made the subject of the sworn motion, set apart those nonmarital assets and liabilities, and provide for
a partial distribution of those marital assets and liabilities. An interim order may be entered at any time after the date
the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and
marital and nonmarital liabilities.
(a) Such an interim order shall be entered only upon good cause shown and upon sworn motion establishing
specific factual basis for the motion. The motion may be filed by either party and shall demonstrate good cause why
the matter should not be deferred until the final hearing.
(b) The court shall specifically take into account and give appropriate credit for any partial distribution of marital
assets or liabilities in its final allocation of marital assets or liabilities. Further, the court shall make specific findings
in any interim order under this section that any partial distribution will not cause inequity or prejudice to either party as
to either party’s claims for support or attorney’s fees.
(c) Any interim order partially distributing marital assets or liabilities as provided in this subsection shall be
pursuant to and comport with the factors in subsections (1) and (3) as such factors pertain to the assets or liabilities
made the subject of the sworn motion.
(d) As used in this subsection, the term “good cause” means extraordinary circumstances that require an interim
partial distribution.
(6) As used in this section:
(a)1. “Marital assets and liabilities” include:
a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
b. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party
during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital
assets, or both.
c. Interspousal gifts during the marriage.
d. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-
sharing, annuity, deferred compensation, and insurance plans and programs.
2. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage,
shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof
shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
3. All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the
marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of
proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
4. The burden of proof to overcome the gift presumption shall be by clear and convincing evidence.
(b) “Nonmarital assets and liabilities” include:
1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities
incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets
acquired in exchange for such assets;
3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied
upon by the parties as a marital asset;
4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and
assets acquired and liabilities incurred in exchange for such assets and liabilities; and
5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse.
Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the
unauthorized signature. In determining an award of attorney’s fees and costs pursuant to s. 61.16, the court may
consider forgery or an unauthorized signature by a party and may make a separate award for attorney’s fees and
costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or
unauthorized signature that was subsequently ratified by the other spouse.
(7) The cut-off date for determining assets and liabilities to be identified or classified as marital assets and
liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be
expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. The date
for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as
the judge determines is just and equitable under the circumstances. Different assets may be valued as of different
dates, as, in the judge’s discretion, the circumstances require.
(8) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not
specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such
presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The
presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed
assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the
conveyance, transfer, or hypothecation of a spouse’s individual property; affect the laws of descent and distribution; or
establish community property in this state.
(9) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for
either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall
consider whether a judgment for alimony shall be made.
(10) To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable
division of marital assets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed
period of time.
(11) Special equity is abolished. All claims formerly identified as special equity, and all special equity calculations,
are abolished and shall be asserted either as a claim for unequal distribution of marital property and resolved by the
factors set forth in subsection (1) or as a claim of enhancement in value or appreciation of nonmarital property.
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Please review the following Florida Statutes for some more information on Dissolutions of Marriage, Alimony,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 61.1826 - Procurement of services for State Disbursement Unit and the non-Title IV-D component of
the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce attorney and Windermere family law lawyer about your situation or to schedule a Free Initial Consultation.
The Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
The Law Firm handles Divorce and
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.