Florida Marital Mortgage Paydown Calculator

Florida Divorce Marital Mortgage Paydown Calculator

Fla. Stat. § 61.075(6)(a)1.c — marital portion of nonmarital real property when a mortgage is paid down with marital funds

When one spouse owns real property as a nonmarital asset (for example, a home owned before the marriage) and the mortgage is paid down with marital funds during the marriage, Florida law treats the principal paid, a share of the property’s passive appreciation, and any active appreciation as marital. Enter the figures below to estimate the marital portion using the statutory formula.

Property values

Value on date of marriage or date of acquisition, whichever is later Used to measure passive appreciation — § 61.075(6)(a)1.c(I)

Value for coverture-fraction denominator Value on the latest of: date of marriage, date of acquisition, or date the property was first encumbered by the note and mortgage paid with marital funds — § 61.075(6)(a)1.c(II)

Same as value above

Value on valuation date in the dissolution action Fair market value on the date the court uses for valuation — § 61.075(7)

Active appreciation during the marriage Increase in value from either spouse’s efforts or marital contributions (e.g., renovations) — § 61.075(6)(a)1.b

Mortgages & encumbrances

Principal paid from marital funds during the marriage Total of all notes and mortgages secured by the property. Add a line for each loan.

Additional encumbrances during marriage in excess of the first note and mortgage E.g., a HELOC or second mortgage taken out during the marriage — deducted from passive appreciation under § 61.075(6)(a)1.c(I)

Total mortgage/lien balances outstanding on valuation date Used to compute net equity, which caps the marital portion — § 61.075(6)(a)1.c(IV)

How the statutory formula works

Passive appreciation = value on valuation date − value on later of marriage/acquisition − active appreciation − additional encumbrances in excess of the first note and mortgage. (I)
Coverture fraction = total principal paid from marital funds on all notes and mortgages ÷ value on the latest of marriage, acquisition, or first encumbrance by the marital-paid mortgage. (II)
Marital portion of passive appreciation = passive appreciation × coverture fraction. (III)
Total marital portion = marital portion of passive appreciation + principal paid from marital funds + active appreciation, not to exceed the total net equity on the valuation date. (IV)
The court must apply the formula unless a party shows that applying it would be inequitable under the facts presented. (V)

The formula was codified in 2018 (ch. 2018-56, Laws of Fla.), building on Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), and carried forward without change to the formula in the 2024 amendments (ch. 2024-237). Source: Fla. Stat. § 61.075 (2026).

Disclaimer: This calculator provides an estimate for general informational purposes only and is not legal advice. Results depend on the accuracy of the values entered, which in practice are usually established by appraisal and tracing of marital funds. Characterization of assets, valuation dates, and whether the formula applies or would be inequitable in a given case are determined by the court. Use of this calculator does not create an attorney-client relationship.

Questions about how this applies to your property? Contact the Law Offices of James S. Cunha, P.A. · (561) 429-3924