Estimate your share of marital property under Florida's equitable distribution laws. Personalized to your situation. Instant results.
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Equitable Distribution
Property System
50/50
Default Split
20 days
Waiting Period
months
Residency Required
Florida uses 'equitable distribution' to divide marital property, but in practice courts almost always start with a 50/50 split and require specific justification to deviate. Unlike Texas, Florida does not consider general marital fault (like adultery) when dividing property — but if one spouse intentionally wasted or destroyed marital assets within 2 years before or after filing, the court can award more to the other spouse. An important Florida rule: assets acquired after the date you filed for divorce are generally nonmarital, not after you physically separated.
Floridauses equitable distribution, meaning the court divides marital property in a way that is fair — but not necessarily equal. The judge considers multiple factors including the length of the marriage, each party's income and earning potential, contributions as a homemaker, and the economic circumstances of each spouse.
Primary statute: Florida Statutes § 61.075 (Equitable Distribution, last amended ch. 2024-237 eff. July 1, 2024); § 61.08 (Alimony, last amended ch. 2023-315 eff. July 1, 2023)
Florida made major changes to its alimony laws in 2023 — permanent alimony no longer exists for new cases. Instead, courts can award bridge-the-gap alimony (up to 2 years), rehabilitative alimony (up to 5 years with a specific plan), or durational alimony (capped at 50–75% of the marriage length depending on how long you were married). For durational alimony, the amount is capped at the lesser of your actual need or 35% of the income difference between you and your spouse. The court cannot award alimony that leaves the paying spouse with significantly less income than the receiving spouse.
Two Florida-specific traps catch people off guard. First, if you added your spouse to the title of a home you owned before marriage as joint tenants or tenants by the entireties, that property is now presumed to be marital property — even if you paid for it entirely before the marriage. Second, Florida's alimony reform in 2023 eliminated permanent alimony — but it only applies to divorces filed on or after July 1, 2023. If your divorce was filed before that date, the old rules (including permanent alimony) may still apply.
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Financial Snapshot
Assets, debts, net worth — classified by state law
Property Division
Who gets what under Florida's equitable distribution rules
What-If Scenarios
3 options compared with 10-year projections
Child Support
Florida-specific formula calculation
Alimony
Eligibility, amount, and duration estimate
Tax Impact
Filing status, capital gains, retirement transfers
Post-Divorce Budget
Monthly cash flow and 5-year projection
Action Plan
Step-by-step roadmap with cost estimates
Your Florida report includes deep state-specific analysis with statutory formulas, negotiation strategies, and legal citations.
Deep-dive articles on Florida divorce law, grounded in real statutes and case law.
Florida is an equitable distribution state. This means courts divide marital property fairly — but not necessarily equally. The judge considers multiple factors including the length of the marriage, each spouse's income and earning capacity, and contributions to the marriage.
Florida uses 'equitable distribution' to divide marital property, but in practice courts almost always start with a 50/50 split and require specific justification to deviate. Unlike Texas, Florida does not consider general marital fault (like adultery) when dividing property — but if one spouse intentionally wasted or destroyed marital assets within 2 years before or after filing, the court can award more to the other spouse. An important Florida rule: assets acquired after the date you filed for divorce are generally nonmarital, not after you physically separated.
Florida made major changes to its alimony laws in 2023 — permanent alimony no longer exists for new cases. Instead, courts can award bridge-the-gap alimony (up to 2 years), rehabilitative alimony (up to 5 years with a specific plan), or durational alimony (capped at 50–75% of the marriage length depending on how long you were married). For durational alimony, the amount is capped at the lesser of your actual need or 35% of the income difference between you and your spouse. The court cannot award alimony that leaves the paying spouse with significantly less income than the receiving spouse.
Yes. Florida considers marital fault (including adultery) as a factor in property division. This can result in a disproportionate share of marital assets being awarded to the innocent spouse.
Florida has a mandatory waiting period of 20 days after filing before the divorce can be finalized. The residency requirement is undefined months.
Based on Florida law, the three most important questions to ask are: (1) What is the 'cutoff date' for marital property in our case — the filing date or our separation agreement date — and how does it affect which assets are subject to distribution? (2) Do any of my premarital assets (home, investments, business) have a marital component due to mortgage paydown, improvement with marital funds, or being held in joint title — and do we need a forensic accountant to calculate the marital portion? (3) Given the 2023 alimony reform, what type of alimony applies to our case, what is the realistic duration and amount under the 35% cap formula, and should we negotiate a lump sum instead of periodic payments?
What is the 'cutoff date' for marital property in our case — the filing date or our separation agreement date — and how does it affect which assets are subject to distribution?
Do any of my premarital assets (home, investments, business) have a marital component due to mortgage paydown, improvement with marital funds, or being held in joint title — and do we need a forensic accountant to calculate the marital portion?
Given the 2023 alimony reform, what type of alimony applies to our case, what is the realistic duration and amount under the 35% cap formula, and should we negotiate a lump sum instead of periodic payments?
Your Florida divorce settlement is one of the biggest financial decisions of your life.
Start My Free FloridaEstimate →This tool provides educational estimates based on Florida equitable distribution law and does not constitute legal advice. Consult a licensed Florida family law attorney before making decisions. Primary statute: Florida Statutes § 61.075 (Equitable Distribution, last amended ch. 2024-237 eff. July 1, 2024); § 61.08 (Alimony, last amended ch. 2023-315 eff. July 1, 2023). Source: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html