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.