Family Law & Divorce in Florida: the early file behind parenting schedule, filing sequence, and real next steps

Florida family law changed substantially in 2023. Governor DeSantis signed HB 1409, which eliminated permanent alimony in Florida for new cases — a significant shift from the prior framework under which permanent alimony was available for marriages of any length under the right circumstances. Florida also uses equitable distribution, not community property, meaning courts have discretion to divide marital assets in proportions they find equitable rather than defaulting to an equal split.

Equitable Distribution: Discretionary, Not Automatic 50/50

Under Fla. Stat. § 61.075, Florida courts divide marital assets and liabilities equitably — which begins with a presumption of equal (50/50) distribution, but allows courts to depart from equal division based on specific factors. Those factors include: the duration of the marriage; economic circumstances of each spouse; each spouse's contribution to the marital estate (including homemaking); interruption of career or education for family reasons; deliberate waste or dissipation of marital assets; and any other relevant factor.

What is "marital" versus "non-marital" property matters enormously. Non-marital assets — property acquired before marriage or received as a gift or inheritance during marriage — are excluded from equitable distribution and remain the individual's property. The complication arises when non-marital assets are commingled with marital assets. Depositing an inheritance into a joint account, using pre-marital savings for a marital home down payment, or allowing both spouses to work on and improve a separately-owned property can convert non-marital to marital assets through commingling or through active appreciation by marital efforts.

Alimony After HB 1409 (2023)

Florida's 2023 alimony reform eliminated permanent alimony as a category entirely for divorces filed after July 1, 2023. The available alimony types are now:

• Bridge-the-gap alimony: short-term support for transition; maximum 2 years; non-modifiable after entered.
• Rehabilitative alimony: support while the recipient completes education or training to become self-sufficient; requires a specific written plan.
• Durational alimony: periodic support for a set time; cannot exceed the length of the marriage (for marriages under 3 years, maximum is 50% of the marriage length; 3–10 years: up to 50%; 10–20 years: up to 60%; over 20 years: up to 75%). The duration caps are new under HB 1409.

For divorces filed before July 1, 2023 where permanent alimony was previously ordered, existing orders are not affected — the reform applies prospectively. The elimination of permanent alimony was the most contested provision of HB 1409 — Governor DeSantis vetoed a similar bill in 2022 before signing the 2023 version.

Child Support in Florida

Florida child support is calculated under an income shares model (Fla. Stat. § 61.30) — both parents' net incomes are combined, and total support obligations are determined from a statutory schedule. The obligation is then divided between parents in proportion to their respective net incomes. Child support continues until age 18 (or high school graduation if occurring after age 18, but no later than age 19). Courts can deviate from the guidelines with written findings of fact showing deviation is in the child's best interest.

Child Custody: Parental Responsibility and Time-Sharing

Florida uses "parental responsibility" and "time-sharing" rather than custody and visitation. The guiding principle under Fla. Stat. § 61.13 is the best interest of the child. Florida courts start with a presumption that shared parental responsibility (joint decision-making) is in the child's best interest, with sole parental responsibility reserved for cases where shared responsibility is detrimental to the child. Time-sharing schedules specify when each parent has the child — Florida courts actively encourage maximum involvement of both parents and generally disfavor limiting one parent's time-sharing without specific findings of harm.

No Waiting Period and Residency Requirement

Unlike California (6 months) or Texas (60 days), Florida has no mandatory waiting period between filing for divorce and finalization. Once the procedural requirements are met — the respondent is served, the financial disclosures are exchanged, and any required parenting class is completed — an uncontested Florida divorce can be finalized relatively quickly. Florida does require 6 months of residency in Florida before filing for divorce (Fla. Stat. § 61.021).