Divorce in Florida: Laws, Process, and What You Need to Know (2026)

Introduction

Florida eliminated permanent alimony in 2023, making it one of the most significant recent changes to divorce law in any state. The state now favors durational alimony with specific caps tied to the length of the marriage.

Florida is an equitable distribution state for property division purposes. Understanding how Florida handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Florida, you must meet the state's residency requirements: 6 months residency. This means at least one spouse must have lived in Florida for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Florida is a strictly no-fault divorce state. The marriage must be irretrievably broken or one spouse must be mentally incapacitated for at least 3 years. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Florida follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Florida:

• Length of marriage
• Standard of living
• Age and health
• Financial resources
• Earning capacity
• Contributions to marriage
• Responsibilities toward children

Florida reformed alimony laws in 2023, eliminating permanent alimony for new cases. Types include bridge-the-gap, rehabilitative, and durational alimony.

The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Florida uses the Income Shares model for calculating child support, based on combined net income of both parents.

Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Florida courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Florida, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is required in Florida before a divorce case can proceed to trial.

Filing Fees and Costs

Filing fees for divorce in Florida typically range from $400-$450, though exact amounts vary by county. Additional costs may include:

• Attorney fees (if you hire a lawyer)
• Mediation or alternative dispute resolution fees
• Process server or publication fees
• Costs for financial experts or appraisers (in complex asset cases)
• Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

• Waiting period: 20 days after filing

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Florida Divorce

Is Florida a community property state?

No, Florida is not a community property state. Florida follows equitable distribution, which means the court divides marital assets and debts fairly, but not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage, the duration of the marriage, and any interruption to one spouse's career or education. Only marital property (acquired during the marriage) is subject to division; separate property generally remains with the original owner.

How is property divided in a Florida divorce?

Florida courts divide marital property through equitable distribution. The court first identifies and values all marital and non-marital assets, then divides marital property fairly based on statutory factors. The starting point is an equal split, but the court can deviate based on factors such as the contribution of each spouse, the economic circumstances of each spouse, the duration of the marriage, any intentional dissipation or destruction of assets, and the desirability of keeping the family home for the benefit of minor children.

How long does a divorce take in Florida?

Florida has a 20-day mandatory waiting period after filing before the divorce can be finalized. An uncontested or simplified divorce can be completed in as little as 4 to 6 weeks. Contested divorces typically take 6 to 12 months, and complex cases involving significant assets, business valuations, or custody disputes can take over a year. Florida also requires mediation before trial, which adds to the timeline but often helps resolve cases more quickly than litigation.

Can I get alimony in Florida?

Alimony is available in Florida, but the state eliminated permanent alimony for cases filed after July 1, 2023. The types of alimony now available include bridge-the-gap (up to 2 years), rehabilitative (to gain education or training), and durational alimony (capped at a percentage of the marriage length). The court considers the requesting spouse's need, the other spouse's ability to pay, the standard of living during the marriage, and several other statutory factors. Adultery can be considered as a factor in alimony determinations.

What are the grounds for divorce in Florida?

Florida is a strictly no-fault divorce state. The only grounds are that the marriage is irretrievably broken or that one spouse has been mentally incapacitated for at least 3 years. You do not need to prove fault such as adultery, cruelty, or abandonment to obtain a divorce in Florida. Either spouse can file without needing the other spouse's consent.

What are the residency requirements for divorce in Florida?

At least one spouse must have been a resident of Florida for at least 6 months before filing for divorce. Residency can be established through a Florida driver's license, voter registration, or other evidence of domicile. The divorce is typically filed in the county where either spouse resides.

How much does a divorce cost in Florida?

Court filing fees for a Florida divorce range from approximately $400 to $450, depending on the county. An uncontested divorce without attorneys may cost under $1,000. With attorney assistance, an uncontested divorce typically costs $2,500 to $5,000. Contested divorces average $10,000 to $25,000, and complex or high-asset cases can cost significantly more. Mediation costs (required before trial) typically range from $3,000 to $8,000.

How is child custody decided in Florida?

Florida uses the term "time-sharing" instead of custody. Courts create a parenting plan based on the best interests of the child, considering factors such as each parent's ability to meet the child's needs, the child's home and community ties, the mental and physical health of all parties, and each parent's willingness to encourage a close relationship with the other parent. Florida does not have a presumption favoring either parent, and both parents are encouraged to share time-sharing responsibilities.

Organize Your Florida Divorce

Divorce Navigator helps you gather financial documents, model settlement scenarios, and prepare for attorney consultations — designed for Florida's equitable distribution rules.

Get started for free ->

This guide is for informational purposes only and does not constitute legal advice. Florida laws may change. Consult a licensed Florida attorney for guidance specific to your situation.