Family Law Laws in Florida

Family Law Law in Florida: Overview

Florida family law is governed by Florida Statutes Chapter 61 (Dissolution of Marriage; Support; Time-Sharing). The state follows equitable distribution for property division and permits no-fault divorce based on the irretrievable breakdown of the marriage. Florida uses the income shares model for child support and employs the term "time-sharing" rather than custody, reflecting the state's emphasis on both parents' involvement. Florida requires a six-month residency period before filing and does not impose a mandatory waiting period. The state has undergone significant alimony reform, with recent legislation eliminating permanent alimony and establishing a formula-based approach to durational alimony. Florida also has detailed statutory factors for determining equitable distribution of marital assets and liabilities, including consideration of each spouse's contribution to the marriage and the desirability of retaining the marital home for the benefit of minor children.

Key Statutes & Deadlines

Alimony Reform and Durational Limits

Florida enacted significant alimony reform eliminating permanent alimony. The current law establishes four types of alimony: temporary (during proceedings), bridge-the-gap (for short-term transitional needs, up to 2 years), rehabilitative (with a specific plan, up to 5 years), and durational (for a set period not exceeding the length of the marriage). The amount of durational alimony is calculated using a formula based on the difference in the parties' incomes and the length of the marriage. Marriages are classified as short-term (under 10 years), moderate-term (10-20 years), or long-term (over 20 years), with the classification affecting the duration and amount of support. The reform also establishes that the obligor's retirement at normal retirement age constitutes a change in circumstances for modification.

Time-Sharing and Parenting Plans

Florida uses "time-sharing" instead of custody and requires every divorce involving minor children to include a parenting plan. Under Fla. Stat. § 61.13, the parenting plan must describe how the parents will share daily tasks, specify the time-sharing schedule, designate who is responsible for health care and school-related matters, and outline communication methods. Courts determine the time-sharing schedule based on the best interests of the child, considering 20 statutory factors including each parent's moral fitness, the mental and physical health of each parent, the child's preference (if mature enough), each parent's willingness to facilitate a close relationship with the other parent, and any evidence of domestic violence, child abuse, or substance abuse.

Equitable Distribution Principles

Florida begins with a presumption of equal distribution of marital assets and liabilities, but the court may deviate from equal distribution based on relevant factors. Under Fla. Stat. § 61.075, the court considers the contribution of each spouse to the marriage, the economic circumstances of each party, the duration of the marriage, any interruption of personal careers or education, the contribution of one spouse to the career of the other, the desirability of retaining the marital home for minor children, intentional dissipation of marital assets after filing, and any other relevant factors. Florida distinguishes between marital and non-marital property, with non-marital property including assets acquired before the marriage, inheritances, gifts, and income derived from non-marital assets.

Florida Court System

Family law cases in Florida are handled by the Circuit Courts, which are the state's trial courts of general jurisdiction. Florida has 20 judicial circuits, and most have dedicated family law divisions. The state has invested heavily in family court services, including mediation programs, parenting coordinators for high-conflict cases, and general magistrates who hear routine family law matters. Florida requires mediation in all contested family law cases before trial. Appeals from Circuit Court family law decisions go to the appropriate District Court of Appeal (Florida has six districts) and may be further reviewed by the Florida Supreme Court. Florida has also developed collaborative divorce processes and offers extensive self-help resources through court websites and family law resource centers.

Damages & Penalties

Florida courts begin with a presumption of equal distribution of marital assets and liabilities, deviating only when statutory factors justify an unequal split. The court considers each spouse's economic circumstances, contributions to the marriage, and any dissipation of assets. Under the reformed alimony statute, durational alimony is calculated using a formula based on the income differential and marriage length, with caps based on the marriage classification. Child support is calculated using the income shares model under Fla. Stat. § 61.30, which considers both parents' net incomes, the number of children, health insurance costs, childcare expenses, and the time-sharing percentage. The guidelines produce a presumptive support amount, and deviations of more than 5% require written findings. Florida has robust enforcement mechanisms for unpaid support, including income deduction orders, contempt of court, license suspension, passport denial, and reporting to credit agencies. The state's Department of Revenue, Child Support Program, assists with establishment, modification, and enforcement of support orders.

Recent Legislative Changes

Florida's major alimony reform eliminated permanent alimony and established formula-based durational alimony with marriage-length classifications. The state has also updated its child support guidelines, expanded the use of parenting coordinators in high-conflict cases, and enhanced electronic filing and remote hearing capabilities in family courts.

Frequently Asked Questions