Equitable Distribution / Business Valuation

Equitable Distribution / Business Valuation

Equitable Distribution / Business Valuation

One of the more difficult and complex areas in a divorce is the division of assets and liabilities.

Assets include but are not limited to automobiles, stocks, bonds, bank accounts, personal property, retirement accounts, real property, cash, businesses, jewelry, and any other tangible or intangible thing of value. Liabilities/debts include but are not limited to mortgages on real property, automobile loans, credit card balances, IRS liabilities, and any other amount of money that you and your spouse owe to a third party.

As part of the evaluation of identifying the assets and liabilities of the marriage, is the determination of whether an asset or liability is marital or nonmarital.

In general, an asset acquired and/or a debt incurred during the marriage is considered marital and subject to distribution. Whereas an asset acquired and/or liability incurred by a spouse prior to the marriage is considered non-marital and not subject to equitable distribution.


Pursuant to Florida law, although a court is to begin with the presumption that all marital assets and debts are to be divided equally, the court may determine to distribute the marital estate equitably (not necessarily equally) between the parties regardless of how title is held. Equitable distribution is determined prior to the consideration of alimony. Equitable distribution is based on a long list of factors detailed in Fla. Stat. 61.075.

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