dividing marital property in Florida, the court considers several factors to ensure an equitable distribution. These factors are outlined in Florida Statutes Section 6
Table of Contents
075, and they include
Contribution to the marriage
The court considers each spouse’s contribution to the marriage, including financial contributions, homemaking, child-rearing, and supporting the other spouse’s career or education.
Economic circumstances
The court examines the economic circumstances of each spouse, including their income, earning capacity, and financial resources. This includes evaluating their current and future financial needs.
Duration of the marriage
The length of the marriage is taken into account. Longer marriages generally result in a more equal distribution of marital property.
Intentional waste or destruction of assets
If one spouse intentionally wasted or destroyed marital assets, the court may consider this factor when dividing property.
Contribution to the improvement or enhancement of marital assets
If one spouse contributed to the improvement or enhancement of a non-marital asset, the court may consider this contribution when dividing property.
Interspousal gifts
The court considers any gifts given between spouses during the marriage.
Debts and liabilities
The court takes into account the debts and liabilities of each spouse, including mortgages, loans, and credit card debts.
Custodial parent’s desire to retain the marital home
If there are minor children involved, the court may consider the custodial parent’s desire to retain the marital home for the benefit of the children.
Tax consequences
The court considers the tax consequences of dividing property, including potential capital gains taxes or other tax implications.
Any other relevant factors
The court has the discretion to consider any other factors it deems relevant to achieve an equitable distribution of marital property.