In dissolution of marriage proceedings within the State of Florida, the determination of which party receives ownership of the marital home is a complex process governed by equitable distribution principles. This does not automatically mean a 50/50 split; instead, the court seeks to divide assets fairly based on the circumstances of the marriage. For example, if one spouse owned the home prior to the marriage and the other spouse made no significant contributions to its upkeep or mortgage payments, the home may be considered a non-marital asset.
The significance of the marital home in divorce settlements cannot be overstated. It often represents a substantial portion of the couple’s net worth and is intrinsically linked to the family’s stability, particularly where minor children are involved. Historically, courts favored awarding the home to the custodial parent to minimize disruption to the children’s lives. However, this is no longer the sole determining factor. Judges now consider a wider range of elements, including the financial needs and resources of each party, contributions made to the marriage (both financially and otherwise), and potential tax implications.
