Equitable Distribution: What to Know in a Florida Divorce

In Florida, divorce property division follows equitable distribution—meaning assets and debts are divided fairly, not always equally. With the help of collaborative divorce or mediation, couples can avoid court battles, stay in control of decisions, and create customized solutions that support a fair financial future for both spouses.

Dividing property during a divorce can be confusing and emotional. Florida law uses a system called equitable distribution to guide how a couple’s assets and debts are split. “Equitable” does not always mean a 50/50 division, it means a fair distribution, based on your specific situation.

What Counts as Marital Property?

Equitable distribution applies to both assets and debts that were gained or created during the marriage. This includes:

• The marital home
• Investment properties
• Cars and other vehicles
• Bank accounts
• Retirement accounts
• Personal items (like furniture or jewelry)
• Business interests
• Mortgages
• Credit card balances
• Personal or business loans

Anything you or your spouse acquired during your marriage, even if only one of you used it, may be considered marital property.

Fair Does Not Mean Equal

While many people think a judge will split everything 50/50, the court looks at many factors to decide what is fair. For example, if one spouse spent marital funds irresponsibly or intentionally gave away assets, the judge may award a larger share to the other spouse.

Sometimes, you or your spouse may each want to keep the same asset, such as the family home. In that case, the court may order the house to be sold and the proceeds divided, unless a mutually beneficial solution can be reached.

Why Collaborative Divorce Helps

When couples disagree on how to divide things, emotions can run high. That’s where Collaborative Divorce or Mediation can make a big difference. These approaches allow you to:

• Stay in control of the financial decisions
• Avoid the stress of going to court
• Develop creative, customized solutions
• Reach fair agreements with less conflict

For example, in a Collaborative Divorce, you might agree that one of you stays in the home until your children are grown, something a court might not offer on its own.

Equitable distribution is about more than just dividing things; it is about creating a fair financial future for you both. With the right mindset and professional support, you can reach peaceful, practical solutions that benefit everyone.

Zaneta Matthews is an Orlando family law attorney known for guiding clients through the divorce process with empathy and clarity. She believes that how a divorce begins can greatly influence its outcome and works with clients to set the tone for respectful, collaborative solutions. She is a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals. If you need help with your divorce question? 📞 Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.