Is Florida a community property state?

1. Dividing property at divorce

   The court sets apart each spouse's nonmarital assets and liabilities and divides marital assets and liabilities beginning from the premise that the split should be equal, unless relevant factors justify an unequal split.^[1]

   “the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors”^[1]

   Fla. Stat. § 61.075(1) · checked October 26, 2026

2. Marital property

   Marital assets and liabilities include assets acquired and debts incurred during the marriage, appreciation of nonmarital assets due to marital effort or funds, interspousal gifts, and retirement benefits accrued during the marriage.^[1]

   “a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.”^[1]

   Fla. Stat. § 61.075(6)(a) · checked October 26, 2026

3. Nonmarital property

   Nonmarital assets include property from before the marriage, gifts (other than from the spouse) and inheritances, income from nonmarital assets unless treated as marital, and property excluded by written agreement.^[1]

   “1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.”^[1]

   Fla. Stat. § 61.075(6)(b) · checked October 26, 2026

4. Opt-in community property

   By community property trust

   Spouses may classify property as community property only by transferring it to a community property trust signed by both spouses. The trust must have at least one qualified trustee (a Florida resident or a company authorized to act as trustee in Florida); either or both spouses may also serve. Spouses need not live in Florida.^[2]

   “(2) Has at least one trustee who is a qualified trustee, provided that both spouses or either spouse also may be a trustee.”^[2]
   “(1) Whether both, one, or neither is domiciled in the state, settlor spouses may classify any or all of their property as community property by transferring that property to a community property trust and providing in the trust that the property is community property pursuant to this part.”^[3]

   Fla. Stat. §§ 736.1503, 736.1505 · second section · checked October 26, 2026

Not legal advice. Plain-English summaries of Florida’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Florida.