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What is Unequal Distribution in the Orlando, Florida Area?

The Florida Statute on Equitable Distribution is Florida Statute 61.075. The statute requires that marital assets and debts be equitably divided by the court. As a starting point for equitable distribution, the courts usually divide the assets and debts by giving fifty percent to each party equally, so that fifty goes to the husband and fifty percent goes to the wife. If the assets cannot be divided fifty percent to husband and fifty percent to wife, then one party is usually ordered to pay an equalizing payment. That means one party from what they are getting pays the other party a monetary amount so that each party receives fifty percent of the assets and debts.  

Sometimes, one party may want an unequal distribution of the marital assets. They think because they were the primary breadwinner that they should get more. There may be other reasons that they think they should get more. However, usually the courts go with fifty percent of the division of the marital assets and debts to each party.  

A court may possibly order unequal distribution if there is dissipation of marital assets by one spouse. The dissipation must have occurred during the breakdown of the marriage. You must show that the other spouse intentionally dissipated, wasted, depleted, or committed destruction of marital assets after the filing of the petition of the dissolution of marriage or two years prior to filing the petition for dissolution of marriage. Florida Statute 61.075(i). You may be allowed to go back further on dissipation based on the case law and how the judge rules on that issue. Dissipation is not proved by showing mismanagement or simple squandering of marital assets where the other spouse disapproves of the other spouse’s actions. 

You can also argue for unequal distribution when the evidence shows that one party made contributions to the marital estate that were extraordinary. However, as stated above, making a larger salary than your spouse will not be enough to obtain unequal distribution. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.