What is the new marriage law in Florida?
Asked by: Dr. Miller O'Connell MD | Last update: October 28, 2025Score: 4.7/5 (44 votes)
CS/SB 1416 — Dissolution of Marriage The option to award permanent (lifetime) alimony is eliminated, leaving bridge-the-gap, rehabilitative, and durational forms of alimony. Rehabilitative alimony is limited to 5 years. Durational alimony may not be awarded for a marriage of less than 3 years.
Are you legally married after 7 years in Florida?
No, common-law marriages in Florida do not exist. Florida does not recognize couples as having entered into a marriage relationship or agreement after seven years—or any other length of time—of living together, even if the couple has otherwise developed the habits of and reputation as a married couple.
What is a wife entitled to after 20 years of marriage in Florida?
Long-term Marriage: A long-term marriage is a marriage that lasts 20 years or more. In long-term marriages, the length of the alimony award may not exceed 75% of the length of the marriage. For example, if the parties are married for 28 years, the length of the alimony award cannot exceed 21 years.
What is the new divorce law in Florida?
The Florida Alimony Reform 2023 brought significant changes to how alimony is handled in the state. The most notable change is the elimination of permanent alimony. This means that courts can no longer award alimony that lasts indefinitely. Instead, the focus is on limited-term support.
How long do you have to be married in Florida to get half?
Florida law doesn't set a specific time after which one spouse gets half of the other's retirement. However, in marriages lasting more than 17 years, courts are more likely to divide retirement funds equally. For shorter marriages, the split depends on financial contributions and other factors.
New Florida alimony laws leave divorcees worried
Does my wife get half of everything in a divorce in Florida?
No, it's an equitable distribution state, which means couples split up their marital assets in a way deemed fair by the presiding court. The division may or may not be 50/50.
What is a wife entitled to after 10 years of marriage?
The Benefits of Being Married Ten Years
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
What is the 7 year divorce rule in Florida?
What is the 7-Year Rule? The 7-year rule in Florida is used as a reference point by courts to classify marriages based on their duration. Marriages lasting seven years or more are considered long marriages, whereas those shorter than seven years fall under the short marriage category.
How long do you have to be separated before divorce is automatic in Florida?
Florida Does Not Have a Mandatory Waiting Period For Divorce
These waiting periods range anywhere from 20 days to one year. The waiting periods placed on divorce are intended to give the couple time to reconsider and possible reconcile their marriage.
How many years do you have to be married to get alimony in Florida?
There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.
Does a husband have to support his wife during separation in Florida?
The state of Florida recognizes the importance of spousal support to ensure both parties maintain their standard of living after separation. While Florida does not officially acknowledge legal separation, courts can still order financial support during this period, factoring in the needs of both spouses.
Can I get half of my husband's retirement in a divorce Florida?
In Florida, any property acquired during marriage, including a pension or 401(k) plan, needs to be split equitably between you and your spouse. While there may be a presumption that division of property should be equal, equitable distribution does not always mean a 50/50 split.
When a husband dies what is the wife entitled to in Florida?
Florida law gives a surviving spouse at minimum a life estate in the homestead property previously titled solely in the name of the deceased spouse. A life estate gives the surviving spouse the right to live in the homestead for the remainder of their life.
Is a common law wife entitled to anything in Florida?
As of January 1, 1968, Florida no longer recognizes new common law marriages. This means that while couples may live together and share a life, the state does not afford them the legal rights and benefits of marriage without a legally recognized marriage certificate.
How many days after divorce can you remarry in Florida?
In Florida, you don't have to wait to get remarried after a divorce. There is no waiting period to remarry after your divorce is finalized. However, there is a three-day waiting period after your marriage license is issued before you and your new partner can marry.
Does living with someone count as marriage?
There is no common law marriage in the State of California. This means that if two people live together, there is no statute that confers the rights of married couples upon them. There are situations also where a couple believes that they are married, but they are in fact, not.
What happens if you separate but never divorce?
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
How much is an average divorce in Florida?
Overall, the average cost of divorce in Florida ranges from $11,000 – $14,000. However, the costs can be significantly lower if the case has no contested issues.
Is it illegal to date while separated in Florida?
No law makes it illegal for you to date someone while you are separated in Florida, with or without a legal separation agreement. However, from a legal perspective for your divorce case, dating before you finalize your divorce could have negative consequences.
What is a wife entitled to after 10 years of marriage in Florida?
If you were married for three to 10 years, alimony can not exceed 50 percent of the length of the marriage; for 10-20 years, 60 percent of the length of the marriage; and over 20 years, 75 percent of the length of a marriage. In addition, there is now a cap on the amount of alimony in durational alimony.
What happens if I leave the house before divorce in Florida?
But again if you leave you don't give up your equity in the house or the things that are in the house. There is no abandonment in Florida. So if a party is concerned about leaving the house because they are somehow concerned they will lose money or entitlement to the property that is not the case.
Can ex wife claim my pension years after divorce in Florida?
According to § 61.076(1), Florida Statutes, any contributions to a retirement plan made during the marriage are considered marital property, making them subject to division. However, contributions made before the marriage are treated as non-marital property and are typically excluded from the division process.
Does a husband have to support his wife during separation?
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
How long does alimony last in Florida?
The alimony can last no longer than the marriage itself lasted. Durational alimony can also terminate if either spouse dies or the receiving spouse remarries.
How long do you have to be married to collect your husband's?
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.