Florida Marital Asset Division Calculator
Florida divides property under Fla. Stat. § 61.075, which directs the court to “begin with the premise that the distribution should be equal” (§ 61.075(1)).
Quick Answer
How is property divided in a Florida divorce?
Florida is an equitable distribution state under Fla. Stat. § 61.075. The court identifies marital assets and debts, values them, and starts from a presumption of an equal 50/50 split of the net marital estate. Non-marital property kept separate is not divided. The court can order an unequal split only on specific statutory grounds.
Estimate how Florida’s equitable distribution law would divide your marital estate. Enter your totals and this tool calculates the net marital estate, each spouse’s equal 50/50 share, and the equalizing payment needed to balance who keeps what — under Fla. Stat. § 61.075. It updates as you type.
Equitable Distribution Estimator
Enter marital totals only (exclude separate, non-marital property). Updates as you type.
Your Estimate
This is only an estimate — your actual case depends on your specific circumstances.
Talk to Nadia About Your Situation →Confidential consultation · (305) 482-1262 · Bilingual · Hablamos Español
This estimate applies the equal-distribution presumption of Fla. Stat. § 61.075. Actual results depend on correct marital/non-marital classification, asset valuation, and statutory factors that can justify an unequal split. This is a planning tool, not legal advice.
This calculator provides an estimate only. It is not a guarantee of how a court will divide marital property. Actual equitable distribution is determined by the court under Florida’s equitable distribution statute, § 61.075, Florida Statutes, and may differ from this estimate. Using this tool does not create an attorney-client relationship.
How Florida Equitable Distribution Works
Florida divides property by equitable distribution under Fla. Stat. § 61.075, which begins with the presumption that the net marital estate should be split equally (50/50). The process has three steps: (1) classify each asset and debt as marital or non-marital; (2) value the marital items; and (3) distribute them, starting from equal and adjusting only for statutory reasons.
“Equitable” means fair, not automatically equal — but in practice, equal is the baseline, and a spouse seeking more must prove a statutory basis for an unequal split.
Marital vs. Non-Marital Property
- Marital — generally assets and debts acquired during the marriage, regardless of whose name is on the title, plus the increase in value of some non-marital assets due to marital effort or funds.
- Non-marital — generally what you owned before the marriage, or received by gift or inheritance, and kept separate. Do not enter these in the calculator.
- Commingling warning — depositing an inheritance or pre-marital funds into a joint account can convert non-marital property into marital property. This is one of the most common and costly classification mistakes.
When a Florida Court Orders an Unequal Split
Under Fla. Stat. § 61.075(1), a court can depart from 50/50 based on factors including each spouse’s economic circumstances and contribution to the marriage, the contribution of one spouse to the other’s career or education, the desirability of keeping an asset (such as a business or the marital home for the children) intact and free from interference, and the intentional dissipation, waste, or destruction of marital assets after the filing or within the two years before it.
How does Fla. Stat. § 61.075 divide marital property in Florida?
Florida is an equitable-distribution state, not a community-property state. The whole framework — classification, valuation and division — is Fla. Stat. § 61.075, last amended by ch. 2024-237.
Does Florida start from a 50/50 split under § 61.075(1)?
“the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)
Equal is the premise, not the guarantee. § 61.075(1)(a)–(j) lists the justifications for departing from it, including each spouse’s contribution to the marriage, the duration of the marriage, interruption of careers, the desirability of keeping a business intact, and “the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing.”
What counts as nonmarital property under § 61.075(6)(b)?
“Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.” — Fla. Stat. § 61.075(6)(b)1.
Also nonmarital: separate gifts, bequests, devises and descent ((6)(b)2.); income from nonmarital assets unless treated as marital ((6)(b)3.); and anything “excluded from marital assets and liabilities by valid written agreement of the parties” ((6)(b)4.) — which is exactly what a Florida prenuptial agreement under § 61.079 does. § 61.075(8) presumes everything acquired during the marriage is marital until proven otherwise.
How is appreciation of a premarital asset split under § 61.075(6)(a)1.b and 1.c?
“The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.” — Fla. Stat. § 61.075(6)(a)1.b
That is active appreciation. Passive appreciation on a mortgaged nonmarital property is handled by a formula:
“The portion of passive appreciation in the property characterized as marital and subject to equitable distribution is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage.” — Fla. Stat. § 61.075(6)(a)1.c
The coverture fraction has the marital principal paid as its numerator and the property’s value at marriage, acquisition or first encumbrance as its denominator (§ 61.075(6)(a)1.c(II)). This codifies the approach in Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010).
How are retirement accounts and a closely held business valued?
“All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.” — Fla. Stat. § 61.075(6)(a)1.e
“The standard of value of a closely held business is fair market value.” — Fla. Stat. § 61.075(6)(a)1.f(I)
The 2024 amendment also codified that enterprise goodwill — goodwill “separate and distinct from the continued presence and reputation of the owner spouse” — is a marital asset that must be valued, while personal goodwill is not. Division of a pension or 401(k) is implemented under § 61.076, normally by qualified domestic relations order.
What date does the court use to classify and value assets?
“The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” — Fla. Stat. § 61.075(7)
Classification date and valuation date are different questions. The same subsection leaves valuation to “the date or dates as the judge determines is just and equitable under the circumstances,” and expressly allows different assets to be valued as of different dates.
Where does property division sit among the other Florida statutes?
A Florida dissolution of marriage is governed by a small set of statutes, and each one has its own pinpoint rule. Residency is Fla. Stat. § 61.021 (one party must have resided in Florida 6 months before filing); the ground is § 61.052 (irretrievable breakdown — no fault required); property is § 61.075; alimony is § 61.08; time-sharing is § 61.13; child support is § 61.30; attorney’s fees are § 61.16 (see Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)); post-judgment changes are § 61.14; and § 61.19 bars entry of a final judgment until at least 20 days after the petition is filed, absent a showing of injustice.
Primary sources: Fla. Stat. § 61.075 · Fla. Stat. § 61.076 · Florida Courts — Family Courts
Frequently Asked Questions
How is property divided in a Florida divorce?
Under Fla. Stat. § 61.075, Florida starts from an equal 50/50 split of the net marital estate after classifying and valuing marital assets and debts. Non-marital property kept separate is not divided.
What is an equalizing payment?
When spouses keep different assets, the one holding more than half of the net estate pays or transfers value to the other so both end up with an equal share. This calculator estimates that payment.
What counts as marital vs. non-marital property?
Marital is generally what was acquired during the marriage; non-marital is generally what you owned before or received by gift or inheritance and kept separate. Commingling can convert non-marital property to marital under § 61.075.
Does Florida always split 50/50?
No — 50/50 is the starting presumption. A court may order an unequal split under § 61.075 for reasons such as dissipation of assets, disparate economic circumstances, or keeping a business intact.
Is Florida a 50/50 state for dividing property in a divorce?
Not automatically. Fla. Stat. § 61.075(1) says the court “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors,” then lists ten such factors in § 61.075(1)(a)–(j). Equal is the starting point, not a rule.
Is the increase in value of a house I owned before marriage marital property?
Partly, in two ways. Increases produced by either spouse’s effort or by spending marital funds are marital under § 61.075(6)(a)1.b. If marital funds paid down the mortgage, a share of the passive appreciation is also marital, calculated “by multiplying a coverture fraction by the passive appreciation in the property during the marriage” under § 61.075(6)(a)1.c.
What date does a Florida court use to decide what is marital property?
The cut-off is the earliest of a valid separation agreement, a date set in that agreement, or the filing of the petition — Fla. Stat. § 61.075(7). Value is set separately, on “the date or dates as the judge determines is just and equitable,” and different assets may be valued on different dates.
How is a closely held business valued in a Florida divorce?
At fair market value. § 61.075(6)(a)1.f(I), added by ch. 2024-237, provides that “The standard of value of a closely held business is fair market value,” defined as the price between a willing buyer and willing seller with reasonable knowledge and no compulsion. Enterprise goodwill is a marital asset that must be valued; goodwill tied to the owner spouse personally is not.
Get an Accurate Read on Your Marital Estate
Pazos Law Group helps Miami-Dade and South Florida clients classify, value, and divide marital property — including homes, businesses, and retirement accounts.
Schedule a Confidential ConsultationThe information and estimates on this page are for general informational purposes only and do not constitute legal or financial advice. Reading or using this tool does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.
Make sure the classification and values are right
The biggest swings in a Florida divorce come from what counts as marital and how assets like a home, business, or retirement are valued. Pazos Law Group can review your numbers.
Schedule a Confidential Consultation →