FL Family Law Board Cert key terms

The court's division of marital property and debts upon divorce using statutory fairness factors rather than a strict equal split; separate property is generally excluded except as noted by statute.

Assets and liabilities acquired during the marriage through either spouse's efforts, including income, retirement accruals, and jointly titled property, which are subject to division at dissolution.

Property owned before the marriage, acquired by gift or inheritance to one spouse, or expressly excluded by valid agreement; it is not divided unless it was converted or enhanced by marital effort.

The mixing of separate and marital funds or assets so that their identity is lost; without adequate tracing, the combined asset may be treated as marital and subject to distribution.

The evidentiary process of following separate funds through accounts or purchases to prove that a specific asset, or a portion of it, retains its nonmarital character despite the passage of time.

An increase in the value of separate property caused by marital labor, contributions, or funds; the enhancement may be treated as marital and divided, unlike passive market-driven growth.

An increase in the value of separate property due solely to market forces or inflation, with no marital contribution; it generally remains nonmarital and is not subject to equitable distribution.

A judicially created claim to an interest in property titled in the other spouse's name, based on contributions beyond ordinary marital support; the modern statute largely limits this doctrine.

The increase in worth of a business or practice attributable to a spouse's marital labor and reputation; courts may value and divide that enhancement as marital, apart from the practice itself.

The method used to determine the worth of an enterprise for distribution, often by asset, income, or market approaches, with goodwill allocated between personal and enterprise components.

The intangible value of a business arising from its name, location, and customer base, transferable independently of any individual owner; it is generally treated as a divisible marital asset.

The reputation and relationships tied to one individual that cannot be sold apart from that person; it is typically excluded from the marital estate in valuation disputes.

Court-ordered payments from one former spouse to the other after dissolution, classified by duration and purpose and awarded under statutory criteria including need and ability to pay.

Short-term support, capped by statute at two years, designed to help a spouse transition from married life to independence by covering identifiable short-term needs.

Support for a fixed period to fund education, training, or job reentry, requiring a defined plan with measurable goals; it may be modified or terminated if the plan is not followed.

Support for a set term after a marriage of specified length, providing economic assistance when permanent support is inappropriate; the term may not exceed the length of the marriage.

A token award, often one dollar per year, preserving the court's jurisdiction to revisit support later when circumstances or need are uncertain at the time of judgment.

Attributing income to a party who is voluntarily unemployed or underemployed, based on earning capacity, for purposes of support or alimony calculations.

The statutory schedule and formula that set a presumptive support amount from combined parental income, adjusted for factors such as parenting time, health insurance, and childcare costs.

The guideline approach that estimates the total support a child would receive if the parents lived together, then apportions that figure between the parents in proportion to their incomes.

A parenting arrangement granting both parents substantial, continuing involvement in major decisions and time-sharing, with the court allocating decision-making authority in the child's best interests.

A written framework detailing each parent's time-sharing, decision-making authority, communication methods, and dispute-resolution steps, which the court reviews for the child's best interests.

The calendar allocating overnights and holidays between parents, which drives guideline support calculations and is evaluated under the statutory best-interests factors.

The governing standard for custody, time-sharing, and related decisions, weighing statutory factors such as stability, parental fitness, and the child's needs and preferences.

A proposed move that significantly changes the existing time-sharing arrangement; it generally requires notice, consent, or court approval under a statutory burden-shifting framework.

The legal allocation between parents of authority over a child's education, health care, and welfare, whether shared, sole, or divided by subject area under a court order.

A contract executed before marriage that defines property rights and support obligations upon dissolution or death; it is enforceable if procedurally and substantively fair and properly disclosed.

A contract made during the marriage that adjusts property or support rights, subject to stricter scrutiny for fairness, full financial disclosure, and absence of duress or overreaching.

The statutory action ending a marriage, filed on grounds of irreconcilable differences or other enumerated grounds, resolving property, support, and parenting issues in one proceeding.

A contract between spouses resolving property, support, and parenting issues, which is merged or incorporated into the final judgment and enforced by the court's contempt power.

An expedited, lower-cost procedure available to spouses who meet statutory conditions, including no minor children, short marriage duration, and limited assets, using a joint petition.

The legally recognized reasons for ending a marriage, such as irreconcilable differences, adultery, or desertion; the petition must plead a statutory ground even when uncontested.

The no-fault ground asserting that the marriage is beyond repair; it typically requires a waiting period or corroborating circumstances but avoids proving fault by either spouse.

The legal establishment of a child's father, whether by marriage presumption, voluntary acknowledgment, administrative order, or genetic testing, creating support and parenting rights.

Interim alimony or child support ordered while the case is pending, based on a limited showing of need and ability, and modifiable at the final hearing.

A post-judgment change to support, alimony, or parenting terms based on a substantial, material, and unanticipated change in circumstances not contemplated by the original order.

A remedy for willful failure to comply with a court order, such as unpaid support, carrying possible incarceration that is coercive and avoidable by compliance.

A directive to an employer to deduct support directly from a payer's wages and remit it to a state disbursement unit, used to enforce and collect ongoing obligations.

A neutral appointee who investigates and reports to the court on a child's best interests in contested custody or time-sharing disputes, sometimes limited to specific issues.