In Florida divorce cases, the courts divide marital property according to principles of equitable property division. Equitable property division does not mean that the marital property will necessarily be divided equally. Instead, the property will be divided in a manner that the court determines is fair and equitable to both parties given their relevant financial circumstances and income.
Florida law provides guidance for the determination of what is considered to be marital property, and thus subject to division, and what is considered to be separate property, and thus excluded from division. Marital property generally includes all of the property that has been acquired since the beginning of the marriage, regardless of who acquired it. It does not, however, include personal injury awards received by one spouse but not the other. Similarly, if a spouse has received an inheritance during the marriage, that is excludable as well. Gifts given to one spouse but not the other during a marriage are also excluded.