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Florida Family Law Rule of Procedure 12.105 sets out the special requirements to use this procedure. First, the parties cannot have any minor or dependent children and the wife must not be pregnant. Second, the parties must agree on the division of all of their assets and debts.

Under an equitable distribution approach, your marital property will be divided equitably or fairly, but not necessarily equally. Often, equitable division doesn't result in a 50/50 split. Florida judges consider several factors when dividing property, including: each spouse's income and earning potential.

Under Florida law, the process of dividing property begins on the premise that assets will be divided equally between both spouses unless a judge determines unequal distribution is justified. Some of the factors that may impact the judge's decision include: The financial circumstances of each spouse.

Any property acquired by one person before marriage is generally considered separate property. In case of divorce, the property usually returns to the original owner. Depending on how the title is held, property acquired before marriage as an unmarried couple may or may not be considered joint property.

Quick Info: Is a home bought before the marriage divided in a divorce? In a Florida divorce, a pre-existing house is normally not marital property and therefore is not divided. One exception is if marital funds are used to pay down a mortgage, significantly improve the house, or are used to refinance the house.

Florida is an equitable distribution state; therefore, all common property that the two parties possessed during the marriage must be divided ?equally? in the divorce. Community property law states that each spouse has equal ownership to all income/assets/liabilities earned or incurred during the marriage.