Equitable Distribution in St. Petersburg

How Florida Equitable Distribution Works

Florida Statute §61.075 directs courts in dissolution proceedings to set apart nonmarital property and debts. The court begins with the premise that marital property and obligations should be divided equally unless relevant circumstances justify an unequal result. Equitable therefore doesn’t automatically mean a precise 50-50 outcome in every case.

Marital assets and liabilities generally include property acquired and debt incurred during the marriage, whether held individually or jointly. Nonmarital property generally includes property acquired before marriage or received through a gift from someone other than a spouse, a bequest, a devise, or descent.

The classification cutoff date is generally the earliest of the date of a valid separation agreement, a date established by that agreement, or the filing date of the dissolution petition. Valuation may use a different date, which courts select based on what they consider just and equitable under the circumstances.

When an Unequal Division May Be Justified

Florida courts evaluate statutory factors rather than applying a single mathematical formula. The weight of each factor depends on the evidence and circumstances, so the statute provides a framework rather than a prediction of the result in an individual divorce.

Relevant considerations may include:

• Each spouse’s contributions to the marriage, including homemaking and childcare
• Each spouse’s economic circumstances and the duration of the marriage
• Career or educational opportunities interrupted during the marriage
• One spouse’s contribution to the other spouse’s career or education
• Each spouse’s role in acquiring, enhancing, or improving assets
• The desirability of retaining a business intact or retaining the marital home for a dependent child
• Intentional dissipation, waste, depletion, or destruction of marital assets
• Other factors necessary to achieve equity and justice

Complex Assets in St. Petersburg Divorces

Substantial or complicated property can require analysis beyond account balances and title documents. We identify assets that may need valuation, including real estate, investment portfolios, businesses, retirement accounts, and trusts. Retirement accounts and pensions may be subject to Florida equitable distribution rules, although their treatment depends on classification and the facts of the marriage.

For cases involving complex financial assets or closely held corporations, we use forensic accountants and investigators when appropriate. A forensic accountant can investigate financial records, trace funds, assess disputed values, and examine suspected dissipation of assets.

Effective July 1, 2024, Florida law specifies fair market value as the valuation standard for closely held business interests in equitable distribution. Enterprise goodwill, meaning value associated with the business itself, is treated as a marital asset subject to distribution. Personal goodwill, meaning value tied to an individual’s reputation or continued presence, is nonmarital property.

We also draft and review prenuptial and postnuptial agreements. When an agreement affects the division of property, we examine its terms as part of the broader financial and legal analysis without assuming that every asset will receive the same treatment.