Equitable Distribution

In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set
apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors including:


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

The economic circumstances of the parties.

The duration of the marriage.

Any interruption of personal careers or educational opportunities of either party.

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

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.

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 martial assets and the nonmarital assets of the parties.

The desirability of retaining the martial 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.

The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

Any other factors necessary to do equity and justice between the parties.

   
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Family Lawyer Joan Berry Nassar, Melbourne, Florida
Attorney in Brevard County, offers legal services in paternity,
divorce, child support, child custody, alimony and property division.