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Under Florida law, the process of dividing property begins on the premise that assets will be divided equally between both spouses unless a judge determines unequal distribution is justified. Some of the factors that may impact the judge's decision include: The financial circumstances of each spouse.
Marital property in Florida is anything acquired during the marriage with money earned while married. It does not matter whose name the asset is titled in.
In Florida, property is divided 50-50 if it is considered ?marital property? ? or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
You list all the assets, and debts (debts should be divided as well) acquired during the marriage. Then you figure out the net value of the asset or debt. Then you start dividing the assets or debts and watch the total at the bottom. One spouse can take 100% of the house, while the 401K is divided 60% / 40%.
Florida is an equitable distribution state; therefore, all common property that the two parties possessed during the marriage must be divided ?equally? in the divorce.