Florida's divorce financial landscape changed significantly in 2023, and many people searching for answers online are still finding outdated information. The most important change: permanent alimony no longer exists for divorces filed after July 1, 2023. If you're going through a divorce in Florida, understanding the current rules can help you plan more realistically and ask better questions before you sit down with an attorney.
This page covers how Florida generally handles property division, spousal support, child support, and retirement accounts. For deeper reading on any topic, the links throughout lead to full guides.
- Florida's equitable distribution system — equal division is the starting point, not a guarantee
- The four types of alimony available after the 2023 reform — and what no longer exists
- How Florida's Income Shares Model calculates child support
- What happens to retirement accounts and when a QDRO is needed
- A free calculator to estimate your numbers
Property Division: Equitable Distribution, Not Automatic 50/50
Florida is an equitable distribution state. Under Florida Statute 61.075, courts begin with the presumption that marital assets and debts should be divided equally — but equal division is a starting point, not a mandate. A judge may order an unequal split when the specific facts of the marriage justify it.
Only marital property is subject to division. Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. Non-marital property — assets owned before the marriage, or gifts and most inheritances received during the marriage — generally stays with the spouse who owns it.
When deciding whether to deviate from equal division, courts weigh factors including the length of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking and child-rearing), whether either spouse deliberately wasted or depleted marital assets, and the desirability of keeping certain assets — like a family business — intact.
Suppose a couple has $400,000 in marital assets. In most cases, each spouse would receive approximately $200,000 as the equal starting point. However, if one spouse can demonstrate that the other deliberately ran up debt or dissipated assets in the two years before filing, a court may compensate by awarding that spouse a larger share. The actual outcome depends entirely on the evidence presented and the judge's assessment of the specific facts.
For more on how the family home is typically handled in an equitable distribution state, see What Happens to the House in a Divorce? and What is Equitable Distribution?
Alimony: Permanent Support Is Gone — Four Types Remain
Under the current framework, Florida courts may award four types of alimony, each serving a distinct purpose:
| Type | Purpose | Key Limits |
|---|---|---|
| Temporary | Support while the divorce case is pending | Ends when the final judgment is entered |
| Bridge-the-gap | Help with the short-term transition to single life — specific, identifiable needs | Maximum 2 years. Not modifiable once set. |
| Rehabilitative | Support while a spouse gains education or job training to become self-supporting | Requires a specific rehabilitation plan filed with the court |
| Durational | Periodic payments for a defined period — the most common form after the reform | Capped by marriage length (see below). Amount capped at 35% of the difference in net incomes. |
Durational alimony is now the primary form of support for most Florida divorces involving moderate to long marriages. Its maximum duration is tied directly to the length of the marriage under Florida Statute 61.08:
| Marriage Length | Classification | Maximum Durational Alimony |
|---|---|---|
| Under 3 years | Short-term | Not eligible for durational alimony |
| 3–10 years | Short-term | Up to 50% of the marriage length |
| 10–20 years | Moderate-term | Up to 60% of the marriage length |
| 20+ years | Long-term | Up to 75% of the marriage length |
Before awarding any form of alimony, a court must find that one spouse has a demonstrated need for support and the other has the ability to pay. The amount is also capped — no alimony award may exceed 35% of the difference between the spouses' net incomes. That income-based cap, combined with the duration limits, means Florida alimony awards are now more predictable and generally more limited than before the 2023 reform.
For a broader look at how alimony duration is determined and what factors courts typically weigh, see How Long Do I Have to Pay Alimony?
Child Support: Both Parents' Incomes Count
Florida uses the Income Shares Model to calculate child support, governed by Florida Statute 61.30. The core principle is that children should receive the same proportion of their parents' combined income they would have received if the family had stayed together — meaning both parents share the financial obligation proportionally, not just the one who pays.
The calculation combines both parents' net monthly incomes and matches that figure to a statutory guidelines chart, which sets a base support amount depending on the number of children. Each parent then contributes their proportional share based on their percentage of the combined income. A parent earning 65% of the combined income is generally responsible for 65% of the base obligation.
The calculation adjusts in two significant ways. First, additional costs — childcare, health insurance premiums for the children, and certain medical expenses — are divided proportionally between parents rather than falling entirely on one side. Second, when either parent has at least 73 overnight stays with the child per year, a different formula applies that accounts for the duplicated household costs of shared parenting.
Courts may deviate from the guideline amount, but deviations exceeding 5% require written findings explaining why the guideline result would be unjust or inappropriate. For a deeper look at how child support is calculated and how long it typically lasts, see How is Child Support Calculated? and How Long Do I Have to Pay Child Support?
Retirement Accounts: Marital Portion Subject to Division
The portion of a retirement account earned during the marriage is generally considered marital property in Florida and subject to equitable distribution. The account doesn't need to be in both names — what matters is when the contributions were made.
Dividing an employer-sponsored retirement plan such as a 401(k) or pension typically requires a Qualified Domestic Relations Order, or QDRO. A QDRO is a separate court order that instructs the plan administrator to transfer the awarded portion directly to the receiving spouse without triggering early withdrawal penalties or taxes. Without a properly prepared QDRO, the transfer cannot be completed cleanly — and an attempt to withdraw funds without one may result in significant tax liability.
IRAs are handled through a different process — a transfer incident to divorce — which does not require a QDRO but does require specific language in the divorce decree and coordination with the financial institution. Each account requires its own separate order or transfer process, which is why couples with multiple retirement accounts need to address each one individually in the settlement.
For a plain English breakdown of how the QDRO process works, see What is a QDRO? and What Happens to My 401k in a Divorce?
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