BASICS OF EQUITABLE
DISTRIBUTION
By K. Dean Kantaras and Vanessa C. Fernandez
In the dissolution of a marriage
proceeding, the court will attempt to
identify and set apart each spouse’s
non-marital assets and liabilities. In
classifying assets as marital or non-marital,
the trial court may consider numerous
factors including title, the commingling
of marital and non-marital funds, the
increases in value because of marital
efforts and the parties’ apparent intent
concerning their marital or non-marital
funds and assets.
When considering the distribution of
assets and liabilities, the court must begin
with the presumption that the distribution
should be equal. However, in some cases,
if there is justification, the court may
make an unequal distribution. When
distributing marital assets and liabilities,
a trial court need not equalize the financial
position of the parties but must ensure that
neither spouse passes automatically from
126 TAMPA BAY MAGAZINE | MAY/JUNE 2021
liability. The judge may also make any
written finding necessary to advise the
parties the rationale for the distribution of
marital assets and allocation of liabilities.
These can become very complicated
issues that will rely on the judge’s
understanding of the circumstances and
history to resolve. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and is
“AV” rated by Martindale-Hubbell. Vanessa
C. Fernandez is a third-year law student at the
University of Florida Levin College of Law.
She is a law clerk at the Kantaras firm. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
LAARWT
K. Dean Kantaras, Esq.
misfortune to prosperity or from prosperity
to misfortune. There are many factors the
judge can consider when distributing assets
and liabilities. These factors are listed in
Florida Statute 61.075(1)(a)-(j). Some of the
relevant factors include the contribution
to the marriage by each spouse, including
contributions to the care and education of
the children and service as homemaker
and the intentional dissipation, waste,
depletion or destruction of marital assets
after the filing of the petition or within
two years prior to the filing of the petition.
When the judge distributes the marital
assets and marital liabilities, the judge must
include specific written findings including
the identification of non-marital assets
and ownership interests, identification
of marital assets, and identification of
the marital liabilities and designation of
which spouse shall be responsible for each