What is equitable distribution? | Florida Divorce Appeals

A Florida Divorce & Child Custody attorney provides answers to the most common questions when considering appealing your divorce or child custody case.

What does the term “equitable distribution” mean?

The term “equitable distribution” is used by many Florida lawyers and judges to describe how property should be split up in a divorce case pursuant to Section 61.075, Florida Statutes.  Although the word “equitable” is used, the term is somewhat of a misnomer as it refers to a statutory process and not a process that is necessarily “fair”. 

When a lawyer talks about equitable distribution, the lawyer is referring to the process of (1) separating marital and non-marital assets and liabilities; (2) assigning a value to marital liabilities; and (3) determining which party gets each marital asset or liability after the divorce.  

 

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