The law in Florida, Section 61.075 and relevant case law, informs us and defines marital property and how to distribute it.
Florida Statutes, SECTION 61.075. Equitable distribution of marital assets and liabilities. Reads: In a proceeding for dissolution of marriage... in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, 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...
The parties have to classify which is marital property and which is non-marital property. For the most part, marital property is equitably (equally) distributed. The court looks to a number of factors including when the property was acquired; what resources were used to acquire it; the source of those resources; whether or not marital assets were used; and how the property is titled.
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