What is equitable distribution?

Have you been contemplating a divorce? If so, you may have started researching divorce law and discovered that Florida is an equitable distribution state. But what does this mean, exactly, and how will it affect your case?

In equitable distribution states, courts focus on equity rather than equality. So, when a couple divorces, the court will divide their marital assets and liabilities as fairly as it can, even if the apportionment isn’t equal. This is different than the rule followed in community property states—like California and Texas—where the court would divide assets and liabilities equally between the divorcing spouses.

How Equitable Distribution Works in Florida

Section 61.075 of the Florida Statutes explains that a court dividing marital assets and liabilities “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.” Some of the factors that the court may consider include the length of the marriage, the spouses’ economic circumstances, and whether either spouse intentionally destroyed or wasted marital assets. Keep in mind that the list of factors included in the statute isn’t exhaustive—in fact, the law specifies that the court may consider “any other factors necessary to do equity and justice between the parties.”

Divorce Lawyers Representing Clients in Tampa Bay

If you’re considering a divorce, turn to the skilled team at the Law Offices of Audrey A. Jefferis, P.A. After learning about your circumstances, our divorce attorneys will offer insight into how your assets and liabilities might be divided if your case proceeds to court. And if you opt to move forward with the divorce, we’ll zealously advocate on your behalf to help ensure the best possible outcome.

Contact the Law Offices of Audrey A. Jefferis, P.A., today to schedule an initial consultation. We have offices in New Port Richey and Palm Harbor.