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Florida Law - What Factors Do Courts Consider in Property Division
The starting point for the court is an assumption that all "marital" property is
divided 50/50. Factors to consider in making a different division include:
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Contribution to marriage by each spouse.
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Contributions to the care and education of the children.
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Services as a homemaker.
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Economic circumstances of the parties (the poorer party tends to get help).
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Duration of the marriage (longer marriages tend to get more even division of assets).
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Interruption of personal careers or educational opportunities of either party.
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Contribution of one spouse to the personal career or educational opportunity of the other spouse.
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Desirability of retaining any asset, e.g., business interest, free from claim or interference by the other party.
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Contribution of either spouse to the production of income or improvement to marital and nonmarital assets.
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Fact of either spouse incurring liabilities.
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Desirability of retaining the marital home for child or one of the parties.
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Wasting or reckless spending of assets by one party during the divorce or within 2 years before filing.
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Any other factors necessary to do equity and justice (this is the catchall that gives the court authority to do anything it thinks is fair).
Overall, Florida courts tend to stick with the 50/50 divisions, and these factors tend to alter the balance
slightly, but not very much.
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