Florida Divorce Settlement Guide

Last reviewed: February 2026

Florida underwent a major alimony reform in 2023, eliminating permanent alimony entirely and introducing duration caps tied to the length of the marriage. If you are going through a divorce in Florida, understanding how the state now handles property division, alimony, child support, and taxes is essential for evaluating whether a proposed settlement actually protects your financial future.

How property is divided in Florida

Florida is an equitable distribution state under Florida Statutes Section 61.075. The court begins with the presumption that marital assets and liabilities should be distributed equally between the spouses. The court may depart from equal distribution if there is justification based on statutory factors.

Marital property includes all assets and debts acquired during the marriage, regardless of which spouse's name is on the title. Nonmarital (separate) property includes assets acquired before the marriage, received as a gift or inheritance, and assets excluded by a valid prenuptial agreement. Courts consider factors such as each spouse's contribution to the marriage (including homemaking), the duration of the marriage, career interruptions, and whether either spouse intentionally dissipated or wasted assets.

Florida's median home value is approximately $370,000–$385,000, with property tax rates around 0.80–0.86% and closing costs around 1.82% of the sale price. Florida offers one of the strongest homestead protections in the nation — the primary residence is constitutionally protected from forced sale by creditors with no dollar cap on the exemption, and the Save Our Homes amendment caps annual assessed value increases at 3%.

How alimony works in Florida

Florida's 2023 alimony reform (SB 1416) eliminated permanent alimony entirely. Three types of alimony remain: bridge-the-gap (maximum 2 years, not modifiable), rehabilitative (maximum 5 years, for education or training), and durational (tied to the length of the marriage).

Durational alimony is capped at the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. Duration limits are based on marriage length: for marriages under 3 years, no durational alimony is available; for marriages of 3–10 years, the maximum is 50% of the marriage length; for 10–20 years, the maximum is 60%; and for 20 or more years, the maximum is 75% of the marriage length.

Courts consider numerous factors including the standard of living during the marriage, the duration of the marriage, each party's age and health, financial resources and earning capacity, contributions to the marriage including homemaking, tax consequences, and all sources of income. Adultery is a factor the court may consider but does not automatically bar alimony in Florida.

Child support in Florida

Florida uses an income shares model for calculating child support under Florida Statutes Section 61.30. The formula considers both parents' combined incomes and allocates the support obligation based on each parent's proportional share. Adjustments are made for daycare, health insurance, and special needs expenses.

Child support generally continues until the child turns 18, or until age 19 if the child is still in high school and performing in good faith with a reasonable expectation of graduation before turning 19.

Tax considerations

Florida has no state income tax, which is a significant advantage in divorce financial planning. There is no state-level tax impact from alimony payments, asset transfers, or retirement account distributions. Your post-divorce take-home pay is affected only by federal taxes.

Under the Tax Cuts and Jobs Act (TCJA), for divorce agreements executed after December 31, 2018, alimony payments are no longer deductible by the payer and are not considered taxable income to the recipient at the federal level. Florida conforms to this federal treatment.

When dividing retirement accounts, keep in mind that traditional 401(k) and IRA distributions will be taxed as ordinary income at the federal level when withdrawn. A $200,000 retirement account is not worth $200,000 in spending power. Roth accounts, which have already been taxed, are worth more dollar-for-dollar. Consider the tax-adjusted value of each asset when evaluating whether a proposed split is truly equitable.

This is where most people get stuck. Comparing the real value of pre-tax retirement accounts, home equity, and liquid assets takes more than a spreadsheet. DivorceSmart Pro calculates the after-tax value of every asset in your settlement so you can see whether the split is truly equal — not just on paper.

Key questions to ask your attorney

How does the 2023 alimony reform affect my case?

Florida's elimination of permanent alimony and the new duration caps significantly change the landscape. If you are the lower-earning spouse, understanding the maximum duration and the 35% income-gap cap is essential for planning your post-divorce finances. Ask your attorney how these limits apply to your specific marriage length and income situation.

What type of alimony is appropriate in my situation?

With three distinct types — bridge-the-gap, rehabilitative, and durational — each has different rules about duration, modification, and amount. Your attorney can help determine which type (or combination) makes sense based on your circumstances and whether you need short-term transition support or longer-term financial assistance.

What are the residency and filing requirements?

At least one spouse must have been a Florida resident for 6 months before filing. After the petition is filed, there is a mandatory 20-day waiting period before a final judgment can be entered. The no-fault ground for divorce in Florida is that the marriage is "irretrievably broken." Your attorney can guide you through the process and timeline.

How does Florida's homestead protection affect our property division?

Florida's homestead exemption is one of the most generous in the nation for creditor protection, but it does not prevent the home from being divided in a divorce. However, the Save Our Homes 3% assessment cap and the $50,000 property tax exemption can make keeping the family home more affordable than in many other states. Discuss with your attorney how the homestead laws interact with your specific situation.