Florida operates under the principle of equitable distribution in divorce proceedings, meaning marital assets and liabilities are divided fairly, though not necessarily equally. This contrasts with a strict community property approach where a 50/50 split is mandated. For instance, if one spouse significantly contributed to the acquisition of an asset, or if one spouse dissipated marital funds, the court may deviate from a perfectly even division.
The concept of fairness in asset distribution is crucial for ensuring a just outcome, particularly when considering factors such as the length of the marriage, contributions made by each spouse (both financial and non-financial), and economic circumstances. Historically, divorce laws often favored the spouse deemed less at fault for the dissolution of the marriage, but equitable distribution shifts the focus to a more pragmatic consideration of economic needs and contributions during the marriage.
