Community Property in Florida
State-specific overview · Family Law
Florida is an equitable distribution state; courts divide marital property fairly based on statutory factors, not as automatic 50-50 splits.
How Florida treats Community Property
Florida does not recognize community property. Under Fla. Stat. § 61.075, marital property acquired during marriage is divided equitably, considering factors such as each spouse's contributions to the marriage, the length of the marriage, and the parties' economic circumstances. Property is presumed marital unless one spouse proves it is separate through inheritance, gift, or a prenuptial agreement. Courts have discretion to award unequal divisions when the statutory factors support such a distribution.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.