Florida Divorce Information


Property Ownership For Divorce Purposes

Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," although in Florida 50/50 is presumed to be equitable. Marital fault is not considered when dividing property.

What Property is Divided?

Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Income from separate property, unless it was treated as marital property, 5) Appreciation in separate property; however, to the extent marital assets or either spouse's labor contributed to the appreciation, it will be considered a marital asset.

Alimony

At the court's discretion. Marital fault in the form of adultery may be considered. Terminates upon the death of either party, and upon the receiving party's remarriage.

Child Support

Income shares method, which means the income of both parents is considered. Emancipation is age 18. Courts generally do not order payment of college education costs. Child Support Calculator.

Child Support Enforcement

The Florida child support enforcement agency can be found at:

http://dor.myflorida.com/dor/childsupport/

Divorce Related Statutes For Florida

Click below, then on Title XLIII (Domestic Relations) of the Florida Statutes

http://www.leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1

Other Resources

The Divorce Financial Survival Series