Florida is not a community property state. It uses something called "equitable distribution," to divide property between spouses in cases of divorce. It is rare that property is divided 50/50 in Florida. Distribution is determined by studying variables. Equitable distribution is different from community property law in that the financial situation of each spouse determines what percentage of the couple's property each one receives. This means that it's rare that the marital property is divided on a 50/50 basis. Some of the variables that the Court will look at when determining how much each spouse will receive include: the length of the marriage, each spouse's income, and who will have custody of the children after the divorce is final.