Fla. Stat. § 61.075

Equitable Distribution

Florida doesn’t split everything 50/50 — it divides marital property "equitably," starting from equal but adjusting for fairness. Here is how it works, and what stays separate.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

"Equitable," Not Always Equal

Florida is an equitable distribution state, not a community-property state. Under § 61.075, the court begins with the premise that division should be equal — but can adjust based on factors like each spouse’s contribution, the length of the marriage, and economic circumstances.

The Governing Statute
Fla. Stat. § 61.075 — Equitable Distribution of Marital Assets
"In a proceeding for dissolution of marriage … the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and … shall begin with the premise that the distribution should be equal."
Read the full statute on Online Sunshine →

Marital vs. Nonmarital

What’s Divided — and What Isn’t
Marital (divided): assets and debts acquired during the marriage, regardless of whose name is on them.

Nonmarital (kept separate): property owned before marriage, and most gifts and inheritances to one spouse — unless commingled.

The fights are usually over characterization (is it marital or separate?), valuation (what is the business or pension worth?), and commingling (did separate property become marital?). These are where experienced counsel earns its keep.

Frequently Asked Questions

Is Florida a 50/50 divorce state?
Not exactly. Florida uses equitable distribution under § 61.075, which starts from the premise of an equal split of marital property but allows the court to adjust for fairness based on statutory factors. It is not automatic community property.
What is considered marital property in Florida?
Generally, assets and debts acquired during the marriage — regardless of whose name is on the title. Property owned before the marriage, and most gifts and inheritances to one spouse, are nonmarital, unless they were commingled with marital assets.
Is my inheritance safe in a Florida divorce?
Usually, if kept separate. An inheritance to one spouse is generally nonmarital, but if it was commingled — for example, deposited into a joint account or used for marital purposes — it can lose its separate character.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 61.075 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.