Equitable distribution is the division of marital property, assets, debts and liabilities during a divorce. The objective of equitable distribution in Florida is a fair distribution of the spouse’s property. In Florida, the court must deal with the equitable distribution of marital assets and liabilities before considering spousal support. During a divorce the court must divide the marital property. First the court will determine which property is “marital property” and which property is “nonmarital property.”

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 nonmarital assets. Marital property is subject to equitable distribution.

Nonmarital 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. Nonmarital property is not included in equitable distribution.