What Factors Justify an Unequal Distribution of Property in Florida

Florida is an equitable distribution state. Under Florida law (Florida Statutes Section 61.075(6)), courts are required to start with the presumption that a divorcing couple’s property/assets should be split in an equal manner. However, a 50/50 split is by no means guaranteed as a matter of law. Within this article, our Clearwater divorce attorney highlights the factors that can justify an unequal split of the property in Florida.

Marital Misconduct 

Spousal misconduct, which can take several forms, is the top reason for an unequal distribution of assets in a Florida divorce. Florida courts can and do consider a spouse’s misconduct when dividing property. For example, if one spouse gambled away savings, spent excessively on an affair, or deliberately hid money, the court can adjust the distribution in favor of the other spouse.

Note: The law does not treat fault in the sense of infidelity or bad behavior alone as a reason for an unequal split. Instead, it must connect directly to financial harm. That a spouse had an affair does not mean they will always get less in the divorce. However, if they spent any money to support that affair, that absolutely matters and will be considered.

 A Big Difference in Future Financial Prospects

In a divorce case, Florida courts often consider the current and (expected) future financial position of each party. If one spouse has significantly higher education, skills, and/or career opportunities, another factor that could justify an unequal distribution of assets. The goal is to create equity by acknowledging the economic imbalance.

Each Spouse’s Contributions to Marriage and Family

If one spouse sacrificed professional advancement to care for children or the household, the court may grant the lower-earning spouse a greater share. Courts in a divorce in Florida can consider each party’s contributions to marriage and family when deciding whether or not to award an unequal distribution of the marital property.

 Health, Age, and Special Needs 

The physical and emotional well-being of each spouse also plays a role in property division. If one spouse suffers from serious health conditions or disabilities that limit their ability to work, a court may award them a larger share of the marital estate. Age can also be a factor, particularly when an older spouse has fewer opportunities to reenter the workforce or rebuild retirement savings.

Other Support (Alimony, Child Support) 

Finally, there may be other ongoing support awarded as part of a divorce case in Florida. Most often, that will be spousal support (alimony) and/or child support. As a general rule, courts will consider alimony and child support when determining how property and assets should be divided.

 Speak to Our Clearwater, FL Property Division Attorney Today

At the Law Office of Gale H. Moore P.A., our Clearwater property division puts a strong emphasis on client-service. If you have any questions or concerns about property division, please do not hesitate to contact us to arrange your fully private case review. With an office in Largo, we provide family and divorce representation across the region.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html