The concept the judge is guided by is referred to by Steven W. Bowden, a Pensacola family lawyer as “equitable distribution.” It should be noted that equitable does not mean equal and many factors will be considered.
Before dividing property, the Law Firm of Steven W. Bowden will determine whether either spouse owns any of the property separately. Separate, or “non-marital,” property is not subject to division in divorce. Property is separate if one spouse owned it before marriage or acquired it during marriage as a gift (not including gifts from the other spouse) or by inheritance.
Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. It doesn’t matter if the property or debt is titled jointly or is only in one spouse’s name. For example, if your spouse opens a credit card account and your name is not on it, you are still jointly responsible for the charges on the card, even if your spouse did all the spending.