Equitable Distribution & Legal Separation: What Florida Law Says
Unlike many other states, Florida does not formally recognize legal separation. However, extended separations can still impact how courts divide property in a divorce. The key is how the spouses treat their assets and liabilities during the time apart and what the court finds to be equitable under Florida law.
Florida’s No-Legal-Separation Policy
Florida does not offer a legal process for separation that is distinct from divorce. This means that marital property continues to accrue until the date of filing for divorce—unless there is a written agreement between the parties or other compelling circumstances. The court must consider all marital assets and debts accumulated during the marriage up to the statutory cutoff date under Florida Statute § 61.075(7).
Extended Separation and Asset Division
In some cases, courts have recognized that long-term separation and separate financial lives may justify an unequal division of assets. In Price-Lawrence v. Price, the court reversed and remanded a final judgment that declared assets and liabilities as non-marital without proper findings. The trial court had tried to justify an unequal division based on the parties’ 12-year separation and separate finances but failed to properly classify and distribute all assets and liabilities.
Similarly, in Bellegarde v. Bellegarde, the court agreed with the wife that the valuation date of property should have been the date of separation, not the date of trial, because the husband had not contributed financially for over seven years.
Valuation Dates in Long Separations
Florida courts have discretion to choose different valuation dates based on fairness. For example, a home might be valued as of the date of separation, while a bank account might be valued at the date of filing. Courts weigh:
- Whether the property was maintained jointly during separation
- Whether either party made significant financial contributions
- Whether the separation involved mutual agreement or unilateral conduct
Using the date of separation as a valuation benchmark may be appropriate when one party has maintained or used an asset exclusively for years.
Caution: Physical Separation ≠ Legal Reclassification
In Broadway v. Broadway, the trial court mistakenly classified a camper bought post-separation as non-marital property based solely on the date of physical separation. The appellate court ruled that the date of filing for divorce was the correct classification cutoff. Without a valid written separation agreement or a petition for dissolution, the court cannot arbitrarily treat property acquired during a separation as non-marital.
Takeaways
Even without formal legal separation, your financial conduct during separation matters. Courts look at how assets were titled, maintained, and used. If you’re separated and contemplating divorce, it is wise to begin tracking your income, expenses, and property management decisions now. “But did you document it?” is a question you will hear throughout your court matter.
If you have questions about equitable distribution or need guidance during your divorce, contact Rhoden Law Group at 321-549-3162 call/text or use the contact form on this site. We serve clients in Melbourne, Titusville, Viera, Palm Bay, the beaches, and throughout Brevard County.