Generally speaking, the "starting off point" for property distribution in a divorce in Florida is a 50-50 division of the marital net worth. But there is room for an unequal distribution if there is adequate justification based on all relevant factors. Florida statutes set forth the factors to be included in a court's consideration.

A recent Florida case discussed the issue as it related to a house that was purchased by the parties during the marriage. The wife claimed that she was entitled to a greater share of the house because she had paid for the down payment from an inheritance she had received. Inheritances generally are considered non-marital property and are not part of the marital net worth.



However, the court disagreed with the wife's claim in this case because, since the house was in both names, it was her burden to prove that her contribution was intended to be somethi?ng other than a "gift" to the marital net worth. The mere fact that she provided non-marital funds toward the purchase of the house was not sufficient, by itself, to prove that she did not intend a gift, a claim that she never made prior to the divorce proceeding.