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When a couple faces divorce, the division of marital assets and liabilities must be agreed upon or ordered by the Court, if the couple is unable to agree. There are several factors the Judge will consider when dividing the assets and liabilities. Most often the Judge will start by assuming all assets and liabilities should be divided equally unless certain factors are present. Talk to your lawyer about whether these factors apply to your case at Marsh Family Law to determine how your assets and liabilities will be divided by the Judge and how you can best protect your marital estate from an unequal or unfair distribution.


The law allows the Judge to divide the marital assets and liabilities unequally if he finds the following factors apply to the facts in your case. The full statute regarding marital assets and liabilities can be found here.

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

Talk to your Property Division Lawyer at Marsh Family Law to discuss your options in dividing your assets and liabilities pursuant to a divorce.

390 North Orange Ave.
Suite 2300
Orlando, FL 32801
(407) 488-2331