How do you determine marital and nonmarital assets and liabilities in Florida divorce cases?

Under Florida Statutes § 61.075, Florida courts follow an equitable distribution framework to determine and divide marital property. The court must first identify and classify each asset and liability as either marital or nonmarital, then value those assets before distributing them between the spouses. Generally, marital assets and liabilities include property acquired and debts incurred during the marriage, appreciation of nonmarital property resulting from marital funds or efforts, reductions in mortgage principal on nonmarital property using marital funds, interspousal gifts, and retirement or pension benefits accrued during the marriage. Assets acquired during the marriage are presumed to be marital unless proven otherwise. In contrast, nonmarital assets and liabilities typically include property acquired before the marriage, assets obtained individually by gift or inheritance, income from nonmarital assets unless treated as marital, and property excluded by a valid written agreement. Nonmarital assets may lose their separate character if they become commingled with marital property. Either party may argue whether certain property should be classified as marital or nonmarital. If you are unsure how property may be
divided in a divorce, it is best to consult with and hire an attorney.