Marital Property
Marital property is generally everything a Florida couple acquired during the marriage, including homes, vehicles, bank accounts, retirement funds, and businesses, no matter whose name is on the title. Florida is an equitable distribution state, so marital property is divided fairly between the spouses, which usually but not always means equally. Property owned before the marriage or received by one spouse as a gift or inheritance is typically considered non-marital and stays with that spouse. Note that Florida is not a community property state, so the 50/50 rule used in some other states does not automatically apply here.
Last updated June 21, 2026
Legal Definition
Marital property (marital assets) under F.S. §61.075 includes assets acquired and income earned by either spouse during the marriage, plus the enhancement in value of non-marital assets due to marital labor or funds, all subject to equitable distribution.
Example
The retirement account funded during the marriage was classified as marital property and divided between the spouses.
Related Statutes
- 61.075
Related Terms
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