Understanding Florida’s Divorce Laws (Dissolution of Marriage)

Divorce in Florida is legally referred to as the Dissolution of Marriage. Florida is a “no-fault” state, meaning a spouse does not have to prove the other committed adultery, abandonment, or cruelty to terminate the marriage. This legal framework, governed primarily by Florida Statutes Chapter 61, streamlines the process by focusing on resolution rather than assigning blame.

The Foundations of a Florida Divorce

Before a case can proceed, a few basic requirements must be met:

• Residency Requirement: At least one of the parties must have resided in the State of Florida for six months immediately preceding the filing of the Petition for Dissolution of Marriage.
• Grounds for Divorce: The only two legally recognized grounds are:
  • The marriage is irretrievably broken (the overwhelmingly common reason).
  • One of the parties has been adjudged mentally incapacitated for at least three years.

Once the petition is filed, the core of the divorce process involves resolving four main issues: property division, spousal support (alimony), child custody (time-sharing), and child support.

Equitable Distribution of Marital Assets and Debts

Florida is an equitable distribution state, not a community property state. This means that marital assets and liabilities are divided fairly, which typically begins with a presumption that an equal (50/50) division is equitable.

The court follows a three-step process for dividing the marital estate:

• Identify and Classify Property: The court must first determine which property and debt are marital (acquired or incurred during the marriage) and which are non-marital (acquired before the marriage, or received by one spouse as a gift or inheritance). Only marital property is subject to distribution.
• Value the Marital Property: All marital assets and liabilities must be assigned a value as of a specific date, typically the date the petition was filed.
• Distribute the Marital Estate: The court will distribute the marital assets and debts equally unless a judge finds justification for an unequal distribution.

Factors that may lead to an unequal distribution include the economic circumstances of the parties, the duration of the marriage, or the intentional dissipation (waste or destruction) of marital assets by one spouse.

Alimony (Spousal Support) in Florida

Alimony is financial support paid by one spouse to the other. Florida courts must determine both the need of one spouse and the ability of the other spouse to pay.

A significant change in Florida law in 2023 eliminated Permanent Alimony and modified the criteria for other types of support. The court uses the length of the marriage—short-term (less than 10 years), moderate-term (10 to 20 years), and long-term (20 years or more)—as a primary factor.

The current types of alimony are:

• Bridge-the-Gap Alimony: Designed to assist with the transition from married to single life, awarded for a short duration, not to exceed two years, and is non-modifiable.
• Rehabilitative Alimony: Awarded to help a spouse obtain education or training to become self-supporting. It requires a specific, defined plan and cannot exceed five years.
• Durational Alimony: Provides financial assistance for a set period following a short or moderate-term marriage. It has statutory caps based on the marriage length (e.g., up to 50% for a short-term marriage, up to 75% for a long-term marriage).
• Temporary Alimony: Provides support during the pendency of the divorce proceedings.

Child Custody and Support

For divorcing parents with minor children, the court is obligated to address Parental Responsibility (decision-making) and Timesharing (the physical schedule), which are detailed in a court-ordered Parenting Plan.

• Parental Responsibility: The court usually orders Shared Parental Responsibility, requiring both parents to consult and jointly make major decisions regarding the child.
• Time-Sharing: Florida law now holds a rebuttable presumption that equal timesharing is in the best interest of the child. The court must consider over 20 statutory factors to determine the final schedule.
• Child Support: This is determined by a statutory Child Support Guidelines Worksheet based primarily on the parents’ net incomes, the number of overnights the child spends with each parent, and costs like health insurance and childcare. Unlike alimony, child support cannot be waived by the parents and is subject to modification if there is a substantial change in circumstances.

The Divorce Process

Most Florida divorces are resolved through Mediation, which is often a mandatory step. A neutral mediator helps the parties negotiate a comprehensive Marital Settlement Agreement (MSA) and, if applicable, a Parenting Plan. If they reach a full agreement, the divorce is considered uncontested and can be finalized quickly in a brief final hearing. If issues remain unresolved, the case is considered contested and must proceed to a judicial trial.