Ending a marriage is rarely a single decision. It is a series of them, made at a time when most people are least equipped to make them well. The Law Offices of Monique K. Pope, P.A. represents clients through dissolution of marriage throughout Florida, from uncontested cases resolved in a matter of months to contested matters involving business valuations, complex assets, and disputed time-sharing.
Florida Is a No-Fault State
Florida does not require a spouse to prove wrongdoing to obtain a divorce. Under Section 61.052 of the Florida Statutes, a court may dissolve a marriage on a finding that the marriage is irretrievably broken, or on the ground of mental incapacity meeting the statute’s requirements. One spouse’s desire to end the marriage is sufficient; the other cannot prevent it by objecting.
At least one party must have resided in Florida for six months before the petition is filed. Proceedings are filed in the circuit court for the county where the parties reside.
Fault is not required, but conduct is not always irrelevant. Adultery may be considered in determining alimony, and the intentional dissipation or waste of marital assets can affect how property is divided.
Florida Does Not Have Legal Separation
Many people arrive at a first consultation asking how to get legally separated. Florida does not offer that status. There is no procedure by which a couple obtains a court decree of separation while remaining married, as exists in some other states, and no case filing through which a judge can enter and enforce a separation decree.
Couples living apart in Florida have three practical options: execute a postnuptial agreement setting out their financial arrangement, which is enforceable as a contract; file a petition for support unconnected with dissolution under Section 61.09, which allows a court to order alimony and child support while the marriage continues; or proceed with dissolution. It is worth understanding what the second option does not do. A support judgment under Section 61.09 leaves the parties married and does not divide their assets or liabilities. Property division requires either a written agreement or a dissolution proceeding.
This distinction has real consequences. Absent an agreement fixing a cutoff, assets and debts generally continue to accrue as marital property while spouses live apart, which means a long informal separation can produce results neither party expected.
Equitable Distribution of Marital Property
Florida is an equitable distribution state. Under Section 61.075, a court begins with the premise that the distribution of marital assets and liabilities should be equal, and departs from that only where there is a justification for an unequal distribution based on the statutory factors. Those factors include each spouse’s contribution to the marriage, the economic circumstances of each party, the duration of the marriage, any interruption of a personal career or education, contribution to the career or education of the other spouse, the desirability of retaining an asset intact and free from claims, the contribution of each spouse to the acquisition and improvement of marital assets, the desirability of retaining the marital home as a residence for a dependent child, and the intentional dissipation, waste, or depletion of marital assets after the filing of the petition or within the two years preceding it.
Marital and Nonmarital Property
Marital assets generally include assets and liabilities acquired during the marriage, individually or jointly; property held as tenants by the entireties; the paydown of principal on a note and mortgage encumbering nonmarital real property during the marriage, together with passive appreciation associated with that paydown; interspousal gifts made during the marriage; the enhancement in value and appreciation of a nonmarital asset resulting from the efforts of either spouse or the expenditure of marital funds; vested and nonvested retirement benefits accrued during the marriage; and the marital interest in a closely held business.
Nonmarital assets generally include property acquired separately before the marriage; property acquired separately by gift from someone other than a spouse, or by bequest, devise, or descent; income derived from nonmarital assets, unless that income was treated, used, or relied upon by the parties as a marital asset; and assets and liabilities excluded by valid written agreement, such as a prenuptial or postnuptial agreement.
Two dates matter. The cutoff for classifying assets and liabilities as marital is the earlier of the date of a valid separation agreement or the date the petition for dissolution is filed. The date on which those assets are valued is left to the judge’s discretion, to be set as is just and equitable under the circumstances.
The line between the two categories is where most contested divorces are actually fought. A house owned before the marriage but paid down with marital income, a business founded before the marriage but grown through a spouse’s efforts during it, and an inheritance deposited into a joint account are all common situations in which nonmarital property acquires a marital component.
Closely Held Businesses and the 2024 Amendments
In 2024 the Legislature amended Section 61.075 in two respects that matter to business owners. The first codifies how a court determines the marital interest in a closely held business: the standard of value is fair market value, defined as the price at which property would change hands between a willing and able buyer and a willing and able seller. The amendment also addresses goodwill. Enterprise goodwill — value that exists independently of the owner spouse’s continued presence and reputation — is now defined by statute as a marital asset, while personal goodwill attaching solely to an individual’s reputation or skill is treated differently. A court may also consider whether a covenant not to compete would be required for the business to be sold.
The second amendment concerns interspousal gifts of real property. For transfers occurring after July 1, 2024, an interspousal gift of real property may not be made absent a writing signed by the transferring spouse that complies with Section 689.01, which governs conveyances of real estate.
Alimony Under Florida’s Current Framework
Florida’s alimony statute was substantially revised effective July 1, 2023. Permanent alimony was eliminated. The forms of support now available are temporary, bridge-the-gap, rehabilitative, and durational alimony.
A court first determines whether one party has an actual need for support and whether the other has the ability to pay. From there, the length of the marriage governs a great deal. The statute treats a marriage of less than ten years as short-term, ten to twenty years as moderate-term, and twenty years or longer as long-term.
Durational alimony may not be awarded at all following a marriage of less than three years. Where it is awarded, its length may not exceed fifty percent of the length of a short-term marriage, sixty percent of a moderate-term marriage, or seventy-five percent of a long-term marriage, subject to limited exceptions. The amount may not exceed the lesser of the recipient’s reasonable need or thirty-five percent of the difference between the parties’ net incomes.
The other forms carry their own limits. Bridge-the-gap alimony addresses identifiable short-term needs, may not exceed two years, and is not modifiable in amount or duration. Rehabilitative alimony requires a specific, defined plan — a degree program or professional certification, for instance — and is capped at five years. Temporary alimony is available during the proceeding and ends when final judgment is entered.
Anyone who was told years ago what alimony in Florida looks like should assume that advice is now out of date.
Time-Sharing and Parental Responsibility
Florida law no longer uses the terms custody and visitation. Cases involving children are decided through a parenting plan that allocates parental responsibility, which is decision-making authority, and time-sharing, which is the schedule under which the child spends time with each parent. Since 2023, Florida law includes a rebuttable presumption that equal time-sharing is in the best interests of the child, which a party may overcome by a preponderance of the evidence.
Resolving a Divorce Without a Trial
The large majority of Florida divorces are resolved by agreement. Florida courts generally refer contested family cases to mediation before setting a final hearing.
Negotiation between the parties, directly or through counsel, resolves many cases without formal proceedings. Mediation adds a neutral third party who facilitates a resolution but does not decide anything or issue rulings. The collaborative process, governed by the Collaborative Law Process Act at Sections 61.55 through 61.58 of the Florida Statutes and in effect since 2017, involves each party retaining counsel under a written agreement that the lawyers will withdraw if the matter proceeds to litigation — an arrangement that aligns everyone’s incentives toward settlement, at the cost of requiring new counsel if it fails.
Where the parties have no minor or dependent children, are in agreement on the division of property, and neither seeks alimony, a simplified dissolution may be available and can conclude quickly.
The Practical Reality
A divorce handled well is one in which the important issues are identified early, the financial picture is documented accurately, and the parties spend their money resolving what actually matters rather than litigating what does not. The firm represents clients throughout Florida, and consultations are available in person, by telephone, and by video. Contact the Law Offices of Monique K. Pope, P.A. to schedule a consultation. Se habla español.