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)]
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| 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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