Marital and Family Law: Florida Dissolution, Support, and Time-Sharing
What the exam tests
This domain tests Florida-specific dissolution practice: no-fault pleading, equitable distribution under § 61.075, alimony under § 61.08 as amended in 2023, child support under § 61.30, parental responsibility and time-sharing under § 61.13, relocation under § 61.13001, UCCJEA jurisdiction, and enforcement of marital and prenuptial agreements. Questions often combine classification with remedy, so identify the governing statute and the findings the court must make.
Core rules
- Florida is a no-fault state. The petition must allege that the marriage is irretrievably broken (§ 61.052), and the court may deny dissolution if reconciliation remains possible.
- Equitable distribution is a three-step process: classify assets and liabilities as marital or nonmarital (§ 61.075), value them, then distribute. Marital property is presumed equal, but deviation requires written findings on statutory factors. Adultery is not a distribution factor; intentional dissipation or misuse of marital assets can be.
- Nonmarital property includes premarital assets, inheritances, and gifts to one spouse. Keep it uncommingled or trace it. Passive appreciation generally remains nonmarital; active appreciation from marital effort or funds is marital.
- Alimony requires need and ability to pay. For petitions filed on or after July 1, 2023, permanent alimony is eliminated; the statute recognizes bridge-the-gap, rehabilitative, durational, and supportive alimony, with duration tied to marriage length and written findings. Adultery may be considered in alimony but not in child support or time-sharing.
- Child support follows the income-shares model (§ 61.30): gross income, allowable deductions, guideline amount, then adjustment for time-sharing and statutory add-ons. Support is generally retroactive to the date of filing, not indefinitely before it.
- Parental responsibility and time-sharing are decided by the child's best interests under § 61.13. Shared parental responsibility is the presumption. Relocation requires a written agreement or court approval after statutory notice.
Worked example
A couple married 12 years files in 2024. Husband earns $150,000; wife earns $40,000. They bought a home during the marriage titled in husband's name only. Wife kept a $100,000 inheritance in a separate account. Wife seeks permanent alimony and half the home. The home is marital because it was acquired during the marriage, despite title; the court starts at 50/50 and may deviate only with findings. The inheritance remains nonmarital if traced and not commingled. Permanent alimony is unavailable because the petition was filed after July 1, 2023; the court must consider need, ability, and the statutory duration tier for a 12-year marriage, with findings. Child support is guideline-driven and adjusted for the parenting plan.
Traps
Using "permanent alimony" for a post-2023 filing; treating equal distribution as automatic; ignoring tracing; awarding retroactive support before filing; confusing adultery's role in alimony with its irrelevant role in time-sharing; and overlooking UCCJEA home-state or relocation notice requirements.