How does mediation handle our property, debts, and assets under Florida law?
Direct Answer
Florida follows the rule of “equitable distribution” under Fla. Stat. § 61.075. This means the court starts with the baseline assumption that all marital assets and debts acquired during the marriage should be split 50/50, unless there is a compelling reason to do otherwise. In mediation, you do not have to stick to a rigid, mathematical split.
Florida follows the rule of “equitable distribution” under Fla. Stat. § 61.075. This means the court starts with the baseline assumption that all marital assets and debts acquired during the marriage should be split 50/50, unless there is a compelling reason to do otherwise. In mediation, you do not have to stick to a rigid, mathematical split. The process allows you to look at the big picture and trade assets based on what actually matters to your future. For example, one spouse might keep the equity in the marital home in exchange for the other spouse retaining their full retirement account. The mediator will help you document these tradeoffs clearly, ensuring that all debts, mortgages, credit cards, and assets are explicitly accounted for so the final distribution passes judicial review.
Related Questions in Florida
What happens if we agree on some things during mediation but can't agree on everything?
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