“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale.
What is a spouse entitled to in a divorce in Florida?
When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.
How is debt divided in a divorce in Florida?
Florida follows the equitable distribution doctrine when dividing marital assets and liabilities in a divorce. It means that a divorcing couple’s property and debt should be divided fairly but not necessarily equally. Usually, the higher-earning spouse is assigned more debt than the lower-earning spouse.
Who gets to stay in the house during a divorce Florida?
Florida law does not have a universal answer for this, meaning that there is no law that says the Wife, or the Husband has to leave, while the other has to stay. In order for one spouse to force the other out, one of several things can occur.
Does length of marriage affect divorce settlement in Florida?
The duration of your marriage may impact the type and amount of alimony awarded to either you or your spouse during a divorce. Alimony for short-term marriages is rarely awarded by the court, especially if the party seeking alimony is employable.
What is average alimony Florida?
Alimony in Florida is calculated based upon need and ability to pay. The American Association of Matrimonial Lawyers provides a guideline, which takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony.
Is a wife responsible for husband’s credit card debt in Florida?
It’s only in your name or their name. In Florida, as long as you have never used the credit card, you’re not responsible for your spouse’s credit cards.
What is the new alimony law in Florida?
The 2022 legislature passed a bill to end permanent alimony in the sunshine state.
Can a wife be held responsible for husband’s debt in Florida?
You and your spouse will be liable for any debts you entered into during the time you are married. Florida is not a community property state, you would have to sign an agreement in order for the court to hold you liable for any debts your ex incurred in his or her name only.
Is Florida an alimony state?
Yes, Florida is a state where one may be required to pay alimony. Florida is one of the few states that offers bridge-the-gap alimony, which helps the oblige/recipient spouse meeting legitimate short-term needs while transitioning from married life to single life.
Are assets always split 50/50 in a divorce in Florida?
In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
Can a spouse force you to move out in Florida?
We understand that you no longer want to be living with your spouse; however, in general in the State of Florida, you cannot force your spouse to move out of the house. As long as both parties have been married and living in the home together, that is the residence of both parties.
How much does a divorce cost in Florida?
Filing Fees Most Florida counties charge $408 to file a divorce, but a few charge $409. Duval County will penalize you for not having an attorney and will add an extra $12 to the cost.
What are the disadvantages of filing for divorce?
- You Show Your Hand. As the filing spouse, you file the first document. This is called a Complaint for Divorce.
- You Pay More. Because you filed first you must serve your spouse with the Complaint for the divorce. To properly serve your spouse you will need a process server.
How do I prepare for a divorce in Florida?
- Read and Understand Divorce Proceedings in Florida.
- Collect Financial Documents.
- Establish Personal Credit.
- Evaluate Marital Property and Joint Accounts.
- Close Joint Financial Accounts.
- Openly Discuss Child Custody and Child Support.
- Prepare a Post-Divorce Budget.
- Consider Mediation.
How long do you have to be married to get half of retirement in Florida?
For couples who have been married for 10 years or longer, a spouse can be eligible to receive benefits on their former spouse’s record provided they are 62, not married, and they would receive a lesser payment under their own record.
Does a husband have to support his wife during separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Can you date while separated in Florida?
Yes, dating while separated is not unlawful in Florida, but just because it is not prohibited does not necessarily make it a good idea to start seeing other people soon after the divorce papers are filed.
How long is permanent alimony in Florida?
“In Florida, a spouse in a long-term marriage, more than seventeen years, can be ordered to pay permanent lifetime alimony. This lasts until one of the parties dies or until the recipient remarries.
Does adultery affect alimony in Florida?
Adultery is one of these factors. The state’s alimony laws give the courts the power to “consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”
How long does a spouse have to pay alimony in Florida?
When courts award durational alimony, alimony payments can’t last longer than the length of the marriage. Florida law defines a short-term marriage as one lasting less than seven years. A moderate-term marriage lasts at least seven years but fewer than 17 years.
Can you refuse to get divorce in Florida?
In Florida, you cannot outright refuse a divorce. In the Florida courts, both individuals don’t have to agree on divorce. One of the most common reasons individuals file for divorce in Florida is irreconcilable differences, which constitutes when the couple can no longer sustain the marriage.
Can they garnish a joint bank account in Florida?
In Florida and some other states, bank accounts owned jointly by married couples as tenants by entireties are exempt from garnishment by a judgment creditor of either spouse. The accounts are not exempt from creditors of both spouses, however.
Is Florida a common law debt State?
Because Florida is a common law state, there would need to be a signed agreement in order for the court to hold you liable for any debts incurred under the other spouse’s name. A common example of debt incurred by a spouse is credit card debt.
How long after a divorce can you ask for alimony?
Either you or your spouse, or both of you, can ask for alimony at the time of divorce. If the original divorce judgment didn’t mention alimony at all, you can file a complaint for alimony for the first time at any time after your divorce. Alimony can be changed after a divorce through a process called a modification.