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EQUITABLE DISTRIBUTION

Equitable Distribution in Florida is governed by Florida Statutes Chapter 61.075. The Court will begin with the premise that the distribution will be equal and then consider the factors set forth in the statute to justify an unequal distribution. One of the factors is the intentional dissipation of assets by a spouse in the 2 years prior to the filing of the Petition for Dissolution. (See F.S. 61.075 (1)(i)). It does not matter how assets (such as cars, boats, bank accounts, etc.) are titled or in whose name a credit card is listed. All property and all debts acquired during the marriage are considered marital property, with some narrow exceptions for inheritances and income derived from non-marital assets. Assets include personal property, life insurance, 401k's, pensions, profit-sharing and of course, any real property owned by either party or both parties (your home). This means that you are entitled to 50% of your spouse's pension, among other things.

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