When facing divorce, one of the main sources of anxiety is worrying over how the assets will be divided. One of the ways to lessen this stress would be for both parties to come to an amicable agreement on the issue. Since this is sometimes impossible, each state has its own rules on how property is divided when the marriage is over. While some states are known as Community Property states, Florida is known as an Equitable Distribution state.
In Equitable Distribution states, the assets are not always divided in two, as they are in Community Property states. They are divided according to what the judge decides is fair under the circumstances. Often, the spouse who earns more money will be granted more of the marital property than the spouse who earns less. There are other factors involved in the decision, however, that could change that outcome in certain divorces.
In marriages where children are involved, for example, the parent who is granted primary custody of the children will likely get to keep the home. If there were no children, but only one of the spouses paid for the home, then it would usually be granted to them even if they earned less. Each divorce is different, and the judge can rule differently in each case, according to what he or she feels is appropriate.
Anyone who is facing a Florida divorce and has concerns about the property division laws may choose to consult with a family law attorney. This lawyer can advise the client on the best ways to present his or her case and can help the client to decide which of the marital properties he or she should seek. A skilled and knowledgeable family lawyer can often show a judge why the client should receive the property for which he or she is asking.
Source: findlaw.com, “Divorce Property Division FAQ“, July 24, 2017