Divorce Law in Florida, Everything You Need to Know

Divorce is difficult, and Florida’s specific laws can make the process even more confusing. Understanding your rights helps you navigate the process efficiently. This guide covers key aspects of Florida divorce law. This article will discuss everything you need to consider regarding divorce laws in Florida.  Read on to learn about Florida’s filing requirements, asset division, and more.

The Residency Requirement for Filing for Divorce in Florida

Either spouse must live in Florida for at least six months before filing for divorce. New residents can file if their spouse already meets the six-month residency requirement.  

The Grounds for Divorce in Florida

Florida is a no-fault state, meaning you do not have to allege any fault or wrongdoing to file for divorce.  All you have to allege is that the marriage is irretrievably broken. Even if your spouse disagrees, a judge will grant the divorce if you testify the marriage cannot be saved. 

There is another provision of the law that allows someone to file for divorce based on mental incapacity.  This ground is much less common and can be difficult to navigate.  

If you are considering filing for divorce in Florida, it is important to understand your options. An experienced divorce attorney can help guide you through the process.

Florida Terms for a Divorce

Florida legally calls a divorce a “Dissolution of Marriage,” though both terms mean the same thing. To start a divorce, file a petition with your county clerk and serve your spouse. Depending on how your case ultimately proceeds, you may resolve your divorce with an agreement or by having a trial before a Circuit Judge.

Once you have filed for divorce, the court will commonly enter temporary standing orders that address how you are supposed to act while the case is pending.  These orders generally prohibit either spouse from taking any action that could jeopardize the financial stability or well-being of the other spouse or their children. They also prevent either spouse from removing any children from the state of Florida without the other parent’s permission or the court.

You can file for an uncontested divorce if you and your spouse can agree on all aspects of your divorce, including child custody and support, property division, and alimony. An uncontested divorce is one in which both parties agree on all terms and do not require a trial. Uncontested divorces are typically simpler and cheaper than contested divorces.

What is Simplified Dissolution

If you are considering a divorce in Florida, you may be able to use the simplified dissolution process. This option requires meeting specific criteria and agreeing on all divorce terms.

To be eligible for a simplified dissolution, you must:

• Be currently married
• Have no minor children together
• Have previously agreed to a distribution of assets and liabilities
• Not be requesting any alimony from the other party
• Be willing to give up your right to trial and appeal
• Both spouses must sign the petition for dissolution and appear at the final hearing
  
  

You can file for a simplified dissolution if you meet these requirements and agree on all aspects of your divorce. This process is generally faster and cheaper than a traditional divorce, as it does not require a trial. However, a simplified dissolution still results in a final judgment that dissolves your marriage.

How is Property Divided in a Florida Divorce?

In a Florida divorce, the property is divided according to the principles of equitable distribution. Only property acquired during the marriage is considered marital property subject to division.  The court divides marital property in a fair and equitable manner, beginning with the premise that the distribution should be equal, taking into account several factors, including the length of the marriage, each spouse’s contribution to the marriage, and interruption in career to build the career of the other spouse, each spouse’s economic needs, the desirability of one party to retain an asset such as a business, the necessity to maintain a home for the benefit of one spouse and the minor children, or intentional dissipation, among other factors.

Division of Retirement Accounts, Pensions, and Insurance

Retirement accounts and insurance policies earned during the marriage are marital property subject to division. This means that any benefits, whether fully vested or not, that were earned or accumulated during the marriage are typically considered marital property.

The court will evaluate assets such as:

• 401(k)s
• IRAs
• Pension plans
• Deferred compensation
• Life insurance cash values
  
  

The court divides each of these fairly between the spouses, although “fairly” does not always mean an exact 50/50 split. The court divides accounts based on the length of the marriage and financial needs, excluding assets earned before marriage or after separation. It’s important to note: assets accrued prior to the marriage or after the date of separation are generally excluded from this division.

Is Annulment an Option

If you are considering getting a divorce in Florida, you might wonder if an annulment is an option. An annulment invalidates a marriage, but it is rarely available. To get an annulment, you must meet certain requirements.

First, you must be able to prove that your marriage was never valid in the first place. You can do this if you can show that one spouse was already married to someone else at the time of the current marriage or that one spouse was not of legal age to marry. Additionally, if your marriage was based on fraud or force, you may be able to get an annulment.

Second, you must file for annulment within a certain timeframe. In Florida, you must file promptly after discovering the marriage is invalid. If you wait too long to file, your case is less likely to be successful.

Are Children Involved

If you have children, Florida law requires that you attend a parenting course before your divorce is final. Both parents must complete the course and cover topics such as:

• The impact of divorce on children
• How to reduce the conflict between the parents
• Ways to help children adjust to the changes caused by divorce
• How to co-parent effectively after the divorce
  
  

Child Custody and Support in a Florida Divorce

When a married couple with children decides to divorce in Florida, the court will determine child custody or time-sharing and support. In most cases, parents share parental responsibility for the children, meaning they both have a say in major decisions about the children’s welfare. A court will determine time-share based on the best interest of the children.

A court may also order one parent to pay child support. Child support amounts depend on parent incomes, overnight visits, and the children’s needs. Child support typically lasts until the child turns 18 or graduates high school.

Alimony in a Florida Divorce

In a Florida divorce, the court may award alimony to either spouse. Alimony is typically based on the need and ability to pay. The court will consider several factors when determining whether to award alimony, including the length of the marriage, the standard of living during the marriage, each spouse’s earning capacity, and each spouse’s contributions to the marriage.

Additional Requirements and Considerations for Alimony

Florida courts have the authority to impose certain requirements or take additional factors into account when awarding alimony:

• Effect of Death or Remarriage: All forms of alimony automatically end if either spouse passes away, or if the recipient remarries.
• Adultery as a Factor: The court may review evidence of adultery by either spouse. If relevant, such circumstances can influence both the type and amount of alimony awarded.
• Security for Alimony Payments: In some situations, the paying spouse may be ordered to secure alimony payments through life insurance, a bond, or other financial means to ensure ongoing support.
• Proper Petition Requirement: To pursue alimony, you must request it in your initial divorce paperwork, either in your petition or counterpetition. If you don’t request alimony at the outset, the court may not consider the issue later.
  
  

Understanding these possible requirements and considerations can help you prepare for discussions about alimony as you navigate your divorce case.

Alimony Categories

There are five different categories of alimony in Florida: 

Bridge-the-gap alimony is awarded to help a spouse transition from being married to single. This type of alimony is typically only awarded for a short period of time, not to exceed two years.

Rehabilitative alimony is awarded to help a spouse become self-sufficient by retraining or acquiring employment skills. The amount and duration of this type of alimony will depend on how long it will reasonably take the receiving spouse to become self-sufficient.

Temporary Alimony offers financial assistance to the receiving individual from when they or their partner file the divorce papers to the day the marriage is legally dissolved. Depending on how complex the divorce is, this alimony payment can be paid for months or years until the divorce is finalized.

Durational alimony is awarded when financial assistance is needed for a set period following the divorce. The amount and duration of durational alimony are based on the length of the marriage.

Permanent alimony may be awarded following a long-term marriage (17 years or longer) when it is determined that one spouse will need financial assistance indefinitely.

Modifying or Ending Alimony in Florida

Florida law recognizes that circumstances can change after a divorce, and because of that, alimony orders aren’t always set in stone. The ability to modify or terminate alimony will depend on the type of alimony awarded, the specific facts of your situation, and whether there has been a substantial change in circumstances for either party.

Some key points to keep in mind:

• Rehabilitative alimony can be modified or terminated if there is a significant change in circumstances, such as completion of the rehabilitative plan earlier than expected, or if the receiving spouse does not comply with the agreed plan. If you’re the paying spouse and your ex finishes their degree or job training early, you may be able to request the court to end your obligation sooner.

• Permanent alimony may be changed or ended if the receiving spouse’s needs change or if circumstances support it, for example, if the recipient remarries or begins a supportive relationship (think: sharing finances with a new partner). The paying spouse’s ability to pay, or any other major life events, may also trigger a modification.

• Durational alimony is designed for a specific period, generally not longer than the marriage lasted. While the amount can be adjusted if there’s a substantial change, the duration itself rarely changes, barring exceptional cases.

• All types of alimony automatically end upon the death of either party or if the receiving spouse remarries.

• In some cases, the court may require the paying spouse to obtain life insurance or set aside security for the alimony payment, offering an extra layer of assurance that the support will be there if something unexpected happens.

Additionally, Florida courts may consider factors such as adultery or misconduct during the marriage when determining whether to modify or terminate an alimony award.

Conclusion

Understanding Florida divorce laws helps you navigate the process smoothly and avoid divorce mistakes. Knowing your rights under Florida law is essential from the very first step of filing for divorce to addressing issues such as alimony, child custody and support, and division of assets. 

Contact Mario Gunde Peters & Kelley to schedule an appointment with one of our experienced Family Law Attorneys in Brevard County, Florida. We have offices in both Merritt Island and Melbourne to help guide clients through a successful outcome.