Divorce brings uncertainty about finances, property, and the future. One question dominates: what does a typical divorce settlement in Florida actually look like?
To answer that simply, it depends on multiple factors unique to each marriage.
Florida divorce law doesn’t follow a one-size-fits-all formula. Instead, what one spouse receives may differ significantly from another divorce case based on specific circumstances.
Florida’s Equitable Distribution System Explained
Florida follows equitable distribution rather than community property rules. This distinction shapes every divorce settlement in the state.
What Equitable Distribution Means
Equitable distribution divides marital assets and debts fairly between spouses. Fair doesn’t always mean equal. Florida Statutes Chapter 61 governs how courts approach property division in Florida divorce cases.
Courts start with the presumption that an equal 50/50 split is fair. Then judges examine specific factors that might justify an unequal division.
How It Differs From Community Property
Community property states automatically split everything acquired during marriage down the middle. Florida courts have more flexibility:
- Judges evaluate each spouse’s contributions to the marriage
- Economic circumstances of both parties factor into decisions
- Length of the marriage influences how assets are distributed
- Intentional waste of marital assets affects the final division
This system allows courts to reach outcomes that reflect the unique reality of each marriage.
What Counts as Marital Property in Florida
Before dividing anything, courts must classify which assets belong in the marital estate.
Assets Subject to Division
Marital property includes everything acquired during the marriage by either spouse:
- Income and earnings – Salaries, wages, bonuses, and business income
- Real estate purchases – Homes, investment properties, and land
- Retirement accounts – 401(k)s, pensions, and IRAs (portions accrued during marriage)
- Financial accounts – Checking, savings, and investment accounts
- Personal property – Vehicles, furniture, jewelry, and collections
- Business interests – Companies started or grown during the marriage
The title doesn’t matter. Even if only one spouse’s name appears on an asset, it may still be marital property subject to equitable distribution.
Marital Debt Gets Divided Too
Assets aren’t the only items split in a divorce. Debts incurred during marriage are also divided between spouses:
- Credit card balances from marital expenses
- Mortgage debt on the marital home
- Auto loans for family vehicles
- Business debt from marital enterprises
- Personal loans taken out during the marriage
Courts distribute both assets and debts to achieve an overall fair division.
What Property Stays Off The Table
Not everything goes into the pot for division. Some assets remain separate property.
Non-Marital Assets
Florida law excludes certain property from equitable distribution:
- Assets owned before the marriage began
- Inheritances received by one spouse alone
- Gifts from third parties to one spouse
- Personal injury settlements (pain and suffering portions)
- Property excluded by valid prenuptial or postnuptial agreements
These assets typically stay with their original owner after divorce.
The Commingling Problem
Separate property can become marital property through commingling. This happens when separate and marital assets mix together.
Common commingling situations include:
- Depositing inheritance money into joint accounts
- Using marital funds to improve separately-owned property
- Refinancing a pre-marital home with both names on the new mortgage
- Granting the other spouse access and use of separate property
Once commingling occurs, tracing original separate funds becomes difficult. Courts may classify the entire asset as marital property.
Factors That Shape Division
Florida courts consider numerous factors when dividing marital assets fairly.
1. Marriage Duration Matters
The length of the marriage significantly impacts property division:
- Short-term marriages (under 7 years) – Courts often try returning each spouse to their pre-marriage financial position
- Moderate-length marriages (7-17 years) – Division typically moves closer to equal splitting
- Long-term marriages (17+ years) – Courts presume both spouses contributed significantly, favoring equal or near-equal division
Marriage duration also affects alimony eligibility and amount.
2. Contributions to the Marriage
Courts evaluate both financial and non-financial contributions when dividing assets.
- Financial contributions
- Income earned
- Career advancement
- Business development
- Investment management
- Non-financial contributions
- Homemaking
- Childcare
- Supporting the other spouse’s career
- Maintaining the marital home
Florida law recognizes that a spouse who stayed home raising children contributed as much as one who earned income.
3. Economic Circumstances of Each Spouse
Courts examine the financial situation each spouse will face after divorce. This may involve:
- Current income and earning capacity
- Age and health of each spouse
- Education and employability
- Career sacrifices made during marriage
- Standard of living established during marriage
A spouse with a lower earning potential may receive more assets to ensure a fair financial outcome.
Alimony in Florida Divorce Settlements
Spousal support represents another critical component beyond property division.
Types of Alimony Available
Florida law provides several forms of alimony based on circumstances and need.
- Bridge-the-Gap Alimony provides short-term financial support to help a spouse transition from married to single life.
- Lasts a maximum of two years.
- Rehabilitative Alimony offers financial support while one spouse gains education or training for employment.
- The requesting spouse must present a specific plan for becoming self-supporting.
- Durational Alimony provides support for a set period following divorce.
- Under the 2023 changes to Florida law:
- The duration of durational alimony cannot exceed 50% of the length of a short- or moderate-term marriage
- Or 75% of a long-term marriage, unless exceptional circumstances apply
Judges evaluate multiple factors when awarding spousal support:
- Standard of living during the marriage
- Length of the marriage
- Age and physical/emotional condition of each spouse
- Financial resources of each party
- Earning capacity and educational levels
- Contribution of each spouse to the marriage
Florida eliminated permanent alimony in 2023. No new permanent alimony awards can be granted in Florida divorce cases.
Child Support Considerations
When minor children are involved, additional elements affect the overall divorce settlement. Florida uses income share guidelines to calculate child support.
The calculation considers:
- Combined income of both parents
- Number of children requiring support
- Childcare costs for work or education
- Health insurance premiums for children
- Other extraordinary expenses
The primary residential parent may receive more favorable consideration regarding the family home to maintain stability for children.
The Divorce Settlement Process in Florida
How do Florida divorce cases actually reach settlement? Most divorce cases follow a similar path toward settlement.
What takes place in the settlement process:
- Filing and financial disclosure – One spouse files for divorce; both complete mandatory financial affidavits
- Discovery process – Parties exchange information about all assets and debts
- Asset valuation – Complex assets require professional appraisals or expert opinions
- Negotiation – Spouses attempt to reach agreements on division issues
- Mediation – Florida courts typically require mediation before trial
- Trial – If settlement fails, a judge decides all disputed issues
Reaching settlement before trial gives spouses more control over outcomes.
Benefits of Settlement Agreements
Divorce settlement agreements reached through negotiation offer advantages:
- Both parties maintain control over the outcome
- Typically faster resolution than contested litigation
- Lower legal costs and court fees
- Less emotional stress for all family members
- Creative solutions are unavailable through court orders
Settlement agreements themselves become part of the final judgment once approved by the court, but unlike court trials, the negotiations that lead to them are private.
Moving Forward After Divorce
The typical divorce settlement in Florida depends entirely on the specific circumstances of each marriage. While courts presume equal distribution, numerous factors can justify unequal outcomes.
Those facing divorce in Central Florida can benefit from experienced family law guidance. The attorneys at Vollrath Law help clients pursue fair divorce settlements that protect their financial futures. Contact Vollrath Law to explore options for achieving an equitable resolution.
The information presented reflects general legal principles under Florida law as of the publication date and may not apply to your specific situation. For personalized legal guidance regarding your family law, divorce, property division, or related legal concerns in Florida, contact Vollrath Law.
