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Florida Law - What is The Overall Approach to Property Division? Florida is an "equitable distribution" state. This means that the judge can do whatever he or she thinks is fair. For example, the judge can order that the home not be sold so a spouse and children may live there for a period of time. Or, the judge can order that the home (or other property) be sold and the cash divided between the parties. However, beside the child support guidelines, there are broad guidelines relating to the property division. The starting point is the premise that property acquired during the marriage will be divided 50/50, and that other property (called "separate property") will remain with the party who owns it. This 50/50 rule is adhered to in most cases. However the judge may depart from it if there is a good reason, including the factors such as duration of marriage, contribution of a homemaker spouse, sacrifices either spouse may have made for the marriage, the desire to keep the children in the marital home, and others. Also, the judge is concerned that the total values are fair, not that each asset is divided according to whether it is separate or marital property. So, for example, the judge might order the husband to keep the home and pay the wife $80,000 in cash, even though the wife's parents might have put up the down payment on the home and the wife's earnings might have paid the mortgage during the marriage. Section 61.075(1)(a) - (j).
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