Florida operates under the principle of equitable distribution in divorce proceedings. This means marital assets and liabilities are divided fairly, though not necessarily equally, between the parties. The process begins with identifying all property as either marital or non-marital. Marital property generally includes assets acquired and debts incurred during the marriage, regardless of whose name is on the title. Non-marital property typically encompasses assets owned before the marriage, or received during the marriage as a gift or inheritance specifically to one party.
The equitable distribution process seeks a just outcome considering various factors. These factors can include the economic circumstances of each party, contributions to the marriage (including homemaking and childcare), duration of the marriage, and career or educational sacrifices made by one party for the benefit of the other. Evidence related to these factors can significantly influence the distribution ordered by the court. Fault, such as adultery, is generally not a factor in the property division process unless it resulted in the dissipation of marital assets.