July 1, 2008, marks a significant milestone in the evolution of the law of equitable distribution in dissolution of marriage actions in Florida. That date is the effective date of the legislature's amendment of the equitable distribution statute in four significant respects: abrogating the special equity doctrine and replacing special equity claims with claims for unequal distribution or enhancement in value of nonmarital assets, defining the burden of proof to overcome the gift presumption as clear and convincing evidence, extending the gift presumption to personal property, and constructing a partial equitable distribution statute. (1) This article will review the statutory changes, provide a historical context in order to understand the rationale for the statutory changes, and offer practical considerations. Special Equity
