What is equitable distrubution?
In Florida assets and debts that are acquired/incurred during the course of the marriage are considered “marital assets/debts” and are subject to division. The starting point for division is 50/50. Exceptions to the definition of “marital assests” are inheritance that may have occurred during the marriage provided it was never comingled into a joint account, always kept separate, and no marital funds were ever comingled with the inherited funds. Gifts from 3rd parties to one spouse or the other are non-marital. Property and retrement funds acquired prior to the marriage are non-marital provided they were never jointly titled or paid for from income earned during the marriage. Likewise, certain assets/debts that were acquired prior to the marriage and never jointly titled or paid for from income earned during the marriage may retain their “Non Marital” nature and not be subject to division. The distinction between Marital and Non-Marital assets can be confusing and there is a large body
