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Photo of Ian F. Mann

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What factors does the court use to divide property?

Property division in Florida occurs within the concept of equitable distribution. This does not mean an equal division but rather a fair division of property between you and your spouse.

According to the Florida Statutes, the court will use a variety of factors to ensure there is a fair division of property in your divorce.

Details of marriage

The court looks over some details of your marriage, including the duration and contributions of both of you to the family. Whether you have children or not will also factor in.


The court also looks at financial details. This includes the contributions you each made towards securing assets. It includes your financial contributions to the household and care of any children. It also will cover your financial stake in retaining particular assets and any desires you may have towards an asset. The court also assesses each of your financial situations as single individuals.

The court will look into contributing factors, too, such as whether one of you helped the other to go through school or training for a career. All financial information is up for review by the court to use in making its decision.


The court will also consider any actions either one of you takes to get rid of assets or to cause negative impacts on assets either during the divorce or up to two years prior to the divorce.

Beyond these factors, the court may also make other considerations as it sees fit according to your situation. The court has complete discretion to determine what is fair based on the information you and your spouse provide.


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