Florida Family Law

Florida laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Florida Title VI Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment Assets and liabilities need to be identified as marital and non-marital specifically [61.075(3), (6)]
i. Periera and Van Camp in CA Not applicable
b. Property distribution factors Discretion of court considering 10 factors set forth in the statute [61.075(1)]
4. Legal separation? No
a. Waiting period/Separation period N/A
5. Is mediation required No, but can be referred to mediation at request of one party (willing and able to pay or split costs of mediation) per [44.102(2)]
6. Forms used Florida Family Law Forms
7. Alimony guidelines and factors General Guidelines [61.08]
Alimony formula Guidelines for determination [61.08(2) thru (9)], subject to modification [61.14]
a. Types 4 types per Title VI, Chapter 61.08(1): bridge-the-gap, rehabilitative, durational, permanent (or any combination)
b. Term Limits Dependent on the court determination and type of alimony [61.08(2) thru (9)], subject to modification [61.14]
Cohabitation Can be terminated, but obilgor of payment must prove obligee has a supportive relationship [61.14(1)(b)]
c. Imputing income Monthly income can be imputed for an unemployed/underemployed parent; amounts other than median income determined by US Census Bureau must have evidence accordingly to support amount [61.30(2)(b)]
d. Change in circumstances Points of consideration for Support Modification per Title VI, Chapter 61, Section 61.14
e. Ceases on retirement Dependent on the court determination and type of alimony [61.08(2) thru (9)], subject to modification [61.14]
Impute income on early retirement "Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992); Ward v. Ward, 502 So. 2d 477 (Fla.Dist. Ct. App. 1987)"
Early retirement for health reasons is involuntary
f. Definition of income Broad definition for alimony defined as all sources [61.08(1)(i)]
8. Child support factors and guidelines

Income listing [61.30(2)(a),(b)] less allowable deductions [61.30(3)]

 

9. Child support calculator Net income $10,000/mo or less [61.30(6)]; greater than $10,000/mo [61.30(6)(b)]
10. Lump Sum  Support allowed? Yes. [61.08(1)]
11. Valuation
a. Valuation date Complaint (typically) or at Judge's discretion [61.075(7)]
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Thompson v. Thompson, 576 So. 2d 267, 269, (Fla. 1991)
c. Standard of value Fair Market Value - Christians v. Christians, 732 so. 2d 47 (Fla. 1999)
d. Discounts Discounts for lack of control and lack of marketability are allowed, considered on a case-by-case basis. Erp v. Erp, 976 So. 2d 1234 - Fla: Dist. Court of Appeals, 2nd Dist. 2008.
e. Shareholder/partner agreements Can have definitive impact on valuation method used based on restrictive covenants. Garcia v. Garcia, 25 So. 3d 687 - Fla: Dist. Court of Appeals, 4th Dist. 2010.
 12. Double dip  Impermissable double dip, not issue because personal goodwill not divisible
 a. Stock options  No double dipping, but can be distributed post decree depending on the type. Parry v. Parry, 933 So. 2d 9 - Fla: Dist. Court of Appeals, 2nd Dist. 2006.
 b. Retirement accounts  Double dip is permissable - Acker v. Acker, FL Sup Ct No. SC02-1925, 2005 Fla. LEXIS 693; 30 Fla. L. Weekly S 235, Decided April 14, 2005 
 c. Child support Not allowed. Heysek v. Heysek, 48 So. 3d 877 - Fla: Dist. Court of Appeals, 2nd Dist. 2010
 13. Key cases
 14. Premarital agreements   Enforced, with exceptions of: (1) not executed voluntarily, (2) was unconscionable upon execution, or (3) product of fraud or duress [61.079] .  Parties may contract to establish, modify, waive, or eliminate spousal support (FL St 61.079)
 15. Common law  No


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