Let’s break down what you get when you split up in Florida. The law doesn’t play favorites – it aims to be fair to both spouses, but fair doesn’t always mean 50-50.
Property division
When you divorce in Florida, the judge looks at everything you and your spouse got while married. Your paycheck? That’s on the table. The house you bought together? That too. Even those credit card bills neither of you wants to claim. If you got it while wearing wedding rings, it’s probably going to be split up.
But here’s the thing – that necklace your grandma left you? Or that bank account you had before saying “I do”? Those are usually yours to keep unless you mix them up with joint assets during the marriage.
Spousal support (ALIMONY)
The court isn’t automatically going to award alimony. They’ll check if:
- One spouse needs financial help
- The other spouse can afford to pay
- The marriage lasted long enough to warrant support
- Both parties’ health and age make it necessary
Florida offers different flavors of alimony:
- Short-term “bridge-the-gap” support
- Rehabilitative support (think: getting back on your feet)
- Time-limited support
- Permanent support (less common these days)
Children and support obligations
For parents, the court will:
- Set up a timesharing schedule (we don’t call it custody anymore)
- Calculate child support using both parents’ income
- Make decisions based on what’s best for the kids, not the parents
- Treat moms and dads equally under the law
Retirement and benefits
Those 401(k)s and pensions you built up during marriage? They’re typically divided too. This usually requires special court orders (QDROs) to split them properly.
