How does the court decide division of marital assets and marital debts?
In a dissolution of marriage, family law courts are considered courts of “equity.” This means that the court bases its decisions on what it determines to be “fair.” During the divorce proceedings, the court will make what is called an “equitable distribution” of marital assets and marital liabilities. In determining equitable distribution of assets and liabilities, the court will look to statutory provisions in Chapter 61, Florida Statutes as well as applicable Florida case law. The statutory provisions and case law demonstrate that the court must first determine which property and which liabilities are marital and which are non-marital. In simple terms, assets or property obtained during the marriage are usually considered marital assets regardless of how these assets are titled. Similarly, debts arising during the marriage are considered marital liabilities regardless of whose name they are in. There are some exceptions to this general rule. For example, if one spouse receives an inh
