Divorce is one of the most stressful legal processes a person can go through — and in Florida, it comes with its own set of rules that can significantly affect your finances, your parenting time, and your future. Whether you’re just starting to consider Florida divorce or you’ve already been served with papers, understanding how Florida courts handle property division, alimony, and child custody can make a critical difference in how you prepare and what you fight for.

At The Montilla Law Firm, we work with individuals across Central Florida navigating divorce and family law matters. This guide breaks down the key legal issues so you can approach the process with clarity — not fear.

Florida Is a No-Fault Divorce State — Here’s What That Means

Florida abolished fault-based divorce decades ago. Under Florida Statute § 61.052, the only ground required to file for divorce is that the marriage is “irretrievably broken.” You don’t need to prove adultery, abandonment, or abuse to get divorced. You simply need to state — and your spouse cannot legally prevent you from getting — a divorce once one party has decided the marriage is over.

This is important because it changes the strategy of divorce litigation. Fault — like an affair or financial misconduct — may still be relevant in some contexts (particularly alimony and equitable distribution), but it’s no longer a gatekeeper to the divorce itself.

Residency Requirement

To file for divorce in Florida, at least one spouse must have been a Florida resident for at least 6 months before filing. You’ll need to prove this with a Florida ID, driver’s license, or witness testimony.

How Florida Divides Property in a Divorce

Florida is an equitable distribution state — not a community property state like California. “Equitable” does not mean equal. It means fair, and fair is determined by the judge based on the specific facts of your case.

Marital vs. Non-Marital Property

The first step in any Florida property division case is distinguishing between marital and non-marital assets:

• Marital property — assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This includes income, real estate purchased during the marriage, retirement contributions made during the marriage, and business interests built during the marriage.
• Non-marital property — assets owned before the marriage, inherited by one spouse individually, or received as a personal gift. Non-marital property is generally kept by the spouse who owns it.

The lines can blur quickly. If you brought a separate bank account into the marriage and commingled it with marital funds, it may now be considered marital property. Keeping careful records — and having a lawyer review your financial picture early — can protect assets you thought were yours.

Factors Florida Courts Consider in Property Division

Under § 61.075, Florida Statutes, courts weigh multiple factors when dividing marital assets, including:

• The length of the marriage
• Each spouse’s economic circumstances
• Contributions to the marriage (financial and non-financial, including homemaking)
• Whether either spouse intentionally wasted or depleted marital assets (called “dissipation”)
• Desirability of keeping a business intact and awarding it to the spouse best suited to operate it
• Contributions to the career or education of the other spouse

The starting point is equal distribution, but judges regularly deviate when the facts justify it.

Alimony in Florida: What Changed in 2023

Florida alimony law changed dramatically in July 2023 when HB 1409 was signed into law. The most significant change: permanent alimony was abolished. Florida courts can no longer award alimony that lasts indefinitely after divorce.

Types of Alimony Now Available in Florida

Florida now recognizes the following alimony types under the revised § 61.08:

• Bridge-the-Gap Alimony — Short-term support to help a spouse transition from married to single life. Maximum 2 years.
• Rehabilitative Alimony — Supports a spouse while they gain education or job skills to become self-supporting. Must include a specific rehabilitative plan.
• Durational Alimony — Set-term support when permanent alimony is inappropriate. Duration cannot exceed 50% of the marriage length for marriages under 20 years, and 60% for marriages over 20 years.

How Courts Calculate Alimony

Courts look at the need of the receiving spouse and the ability of the paying spouse. Factors include income and earning capacity of both parties, the standard of living during the marriage, the length of the marriage, and each party’s age, health, and contributions.

The 2023 law also created a rebuttable presumption against alimony when both spouses have similar incomes. If you’re on either side of an alimony dispute, the new law may significantly change what’s possible — in either direction.

Child Custody and Timesharing in Florida

Florida doesn’t use the terms “custody” or “visitation” — the legal framework is called timesharing. Under § 61.13, Florida Statutes, Florida courts presume that it is in the best interests of children to have frequent and continuing contact with both parents.

The Best Interests Standard

Every timesharing decision in Florida is governed by the “best interests of the child” standard. Courts evaluate 20+ statutory factors, including:

• Each parent’s ability to facilitate a close relationship between the child and the other parent
• The moral fitness of each parent
• The mental and physical health of each parent
• Each parent’s demonstrated capacity to be involved in the child’s schooling, activities, and daily life
• Any history of domestic violence, substance abuse, or child abuse
• The child’s school, home, and community records
• The reasonable preference of the child (depending on age and maturity)

Parenting Plan Requirements

Florida requires all divorcing couples with children to submit a Parenting Plan — a detailed written agreement covering where the child lives each day of the year, decision-making authority for health care, education, and extracurricular activities, and how parents will communicate with each other and with the child.

If parents can’t agree on a Parenting Plan, the court will impose one based on the best interests standard. Having an attorney draft or review your Parenting Plan is critical — it’s a binding legal document that governs your life and your child’s life for years.

Child Support

Florida child support is calculated using a statutory formula under § 61.30 based on both parents’ net incomes and the percentage of overnight timesharing each parent has. The formula also accounts for health insurance, daycare costs, and other child-specific expenses. Child support can be modified if there is a substantial, material, and unanticipated change in circumstances.

Contested vs. Uncontested Divorce in Florida

A simplified dissolution of marriage is available when both spouses agree on everything, have no minor children, and have no significant property to divide. This process is faster and cheaper — but it’s not appropriate for most divorces.

Most Florida divorces involve at least some contested issues. Contested divorces go through the standard circuit court process: filing a petition, service of process, discovery, mediation (required in most Florida counties), and potentially trial. The timeline ranges from a few months for cooperative cases to 1–2 years for high-conflict matters.

Mediation is mandatory in most Florida counties before a case can go to trial. A trained mediator facilitates negotiation between the parties. Settlement at mediation is common — and usually far less expensive than trial.

Common Florida Divorce Mistakes to Avoid

• Moving out of the marital home too quickly — this can affect your rights to the property and your timesharing position
• Posting on social media — anything you post can be used against you in litigation
• Hiding assets — courts take financial disclosure seriously; concealing assets can result in sanctions
• Agreeing to informal arrangements without a court order — verbal agreements on custody and support are unenforceable
• Not updating your estate plan after divorce — beneficiary designations on life insurance and retirement accounts don’t automatically change at divorce

Talk to a Florida Divorce Attorney Before You Act

Florida divorce law is complex — and a single misstep early in the process can have consequences that last for years. Whether you’re considering filing, responding to a petition, or trying to modify an existing order, having experienced legal counsel on your side matters.

At The Montilla Law Firm, we handle divorce and family law matters throughout the Orlando area and Central Florida. We take time to understand your specific situation and build a strategy around your priorities — whether that’s protecting your financial future, your relationship with your children, or both.