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The Florida statute on equitable distribution, Florida Statute 61.075 provides that the presumption is that each spouse generally is entitled to half of the marital assets and marital debts regardless of fault. However, the financial position of each spouse is taken into account in the adjustment of the distribution. In other words, the equitable distribution does not always mean 50-50.
In a divorce, the first thing to do is determine which assets are marital and which are non-marital. The non-marital (e.g. inherited or before marriage and not mixed with marital property) are not part of the division of property.
While the judge began the division of property under the presumption that will be divided equally, there are some reasons why the judge can divide the assets unequally.
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Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.
by Dana Pechersky