Florida divorce is, at its heart, a financial event. The legal process matters, but most of the decisions that shape your next ten years are about money: who keeps the house, how retirement accounts are split, whether support is paid and for how long. This guide walks through how Florida handles each of those questions so you can plan with a clear head instead of guessing.
Florida divides marital property by equitable distribution, starting from a roughly equal split. Permanent alimony was eliminated for cases filed on or after July 1, 2023, and the remaining types of support are capped in both length and amount. Child support follows a statewide formula based on both parents' incomes.
How Florida divides property
Florida is an equitable distribution state, not a community property state. That distinction matters. "Equitable" means fair, not necessarily equal, although Florida courts begin from the presumption that an equal 50/50 division of marital property is fair, then adjust from there based on the factors in Fla. Stat. 61.075.
Marital vs. separate property
Only marital property gets divided. Broadly, marital property is what either spouse acquired during the marriage, regardless of whose name is on it. Separate (non-marital) property generally stays with its owner and includes assets owned before the marriage, plus gifts and inheritances received by one spouse individually.
The complication most people miss: separate property can become partly marital. If a premarital account grows because of contributions during the marriage, or an inherited home is renovated with joint funds, some of that value may be treated as marital. This is one of the most common places where people give up money they did not have to.
The house and the retirement accounts
The two biggest assets in most divorces are the family home and retirement savings. A retirement account built up during the marriage is marital property even if it is in one spouse's name, and dividing certain accounts requires a separate court order so the transfer is not taxed as an early withdrawal. Trading the house for the retirement account, or vice versa, is a common move that can quietly cost a great deal if the after-tax values are not compared properly. Modeling these trade-offs before you agree to anything is exactly the kind of decision Your Divorce Angel is built to help you see clearly.
Alimony after the 2023 reform
Florida overhauled its alimony law effective July 1, 2023. The headline change: permanent alimony no longer exists for new cases. If you are filing now, support has a defined end date. The change applies to petitions filed on or after that date; orders finalized earlier generally remain as written.
The four types of alimony
- Temporary — support paid while the divorce is in progress.
- Bridge-the-gap — short-term help with the transition to single life. Capped at 2 years and not modifiable.
- Rehabilitative — support tied to a specific plan to become self-supporting, such as finishing a degree or credential.
- Durational — support for a set period after the marriage. This is now the main long-term option.
How length is decided
Durational alimony is capped relative to how long the marriage lasted, measured from the wedding date to the date the divorce was filed:
| Marriage length | Category | Maximum durational alimony |
|---|---|---|
| Under 10 years | Short-term | 50% of marriage length |
| 10 to 20 years | Moderate-term | 60% of marriage length |
| 20 years or more | Long-term | 75% of marriage length |
So a 12-year marriage could produce durational alimony of up to about 7.2 years. A court can exceed these caps only by showing exceptional circumstances with clear and convincing evidence. Durational alimony is generally not awarded after a marriage of less than 3 years.
How much can be awarded
The amount of durational alimony is limited to the recipient's reasonable need or 35% of the difference between the spouses' net incomes, whichever is less. Before any of this applies, the court first has to find that one spouse has a genuine need and the other has the ability to pay.
For agreements signed after December 31, 2018, alimony is not tax-deductible for the person paying and not taxable income for the person receiving it. This is federal law and applies in Florida. It changes the real cost and value of every support number, which is why pre-tax and after-tax figures should never be confused at the negotiating table.
Child support
Florida calculates child support using a statewide income shares formula. The core idea is to estimate what the parents would have spent on the children together, then divide that responsibility in proportion to each parent's income. The number of overnights each parent has, health insurance costs, and childcare costs all feed into the calculation. Because it is formula-driven, child support is more predictable than alimony, but the inputs still leave real room for getting it right or wrong.
The financial timeline
Most people underestimate two things: how long the process takes and how much their costs rise once they are running a household alone. A realistic financial sequence looks like this:
- Before filing — gather a complete picture of assets, debts, income, and expenses. This is the single highest-leverage step, because every later decision rests on these numbers.
- Temporary phase — temporary support and living arrangements while the case proceeds.
- Negotiation and disclosure — both sides exchange financial information; settlement scenarios get modeled and compared.
- Settlement or trial — most Florida divorces settle. The ones that go to trial cost more and hand the decisions to a judge.
- After the judgment — support, division, and any account transfers are carried out.
Florida divorce finance, at a glance
| Property division | Equitable distribution, starting from a presumed equal split (Fla. Stat. 61.075) |
|---|---|
| Permanent alimony | Eliminated for cases filed on/after July 1, 2023 |
| Alimony types | Temporary, bridge-the-gap, rehabilitative, durational |
| Durational length cap | 50% / 60% / 75% of marriage length (short / moderate / long) |
| Alimony amount cap | Reasonable need or 35% of net income difference, whichever is less |
| Child support | Statewide income shares formula (Fla. Stat. 61.30) |
| Alimony tax (post-2018) | Not deductible by payer; not taxable to recipient |
Questions worth asking before you negotiate
- What is the full marital estate, and which assets are actually separate property?
- If we trade the house for the retirement account, are we comparing after-tax values?
- Given our marriage length and net incomes, what is the realistic range for durational alimony?
- What will my true monthly cost of living be once I am on my own?
- What does each settlement scenario look like five and ten years out, not just on signing day?
Florida divorce: common questions
Is Florida a community property state?
No. Florida is an equitable distribution state. Marital property is divided fairly, starting from a presumption of an equal split and adjusting based on statutory factors. Separate property is generally not divided.
Is permanent alimony still available?
No. For divorce petitions filed on or after July 1, 2023, Florida eliminated permanent alimony. The available types are temporary, bridge-the-gap, rehabilitative, and durational. Orders finalized before that date generally remain in effect.
How long can alimony last?
Durational alimony cannot exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), or 75% of a long-term marriage (20 years or more), except under exceptional circumstances. It is generally not awarded for marriages under 3 years.
How much alimony can be awarded?
Durational alimony is limited to the recipient's reasonable need or 35% of the difference between the parties' net incomes, whichever is less.
Is alimony taxable?
For agreements signed after December 31, 2018, alimony is not deductible by the paying spouse and not taxable to the receiving spouse. This is federal law and applies in Florida.
See your Florida numbers before you decide
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This guide is general financial information about divorce in Florida and reflects Fla. Stat. Chapter 61 as of the date noted. It is not legal advice, and laws and individual circumstances change. Always consult a licensed Florida attorney for advice specific to your situation.