Is Divorce Always 50/50 in Florida?
Florida divorce law often raises two big questions for couples: whether property is always divided 50/50 and who, if anyone, must leave the marital home during a divorce. Both answers depend on Florida’s principle of equitable distribution and the specific circumstances of each case.
How Florida’s 50/50 Divorce Rule Actually Works
Florida follows the principle of equitable distribution when dividing marital assets, meaning the division is based on fairness, not necessarily an even 50/50 split. The court considers what is fair based on several factors rather than simply splitting everything in half.
Factors such as the length of the marriage, each party’s financial contribution, and the needs of any children influence how the court divides assets and debts. For example, a spouse who stayed home to raise children while the other worked may not receive an equal financial share but could receive a more favorable division based on non-financial contributions to the family.
The court can also consider additional factors, such as one spouse’s financial situation or whether one party was the primary caregiver. These factors can affect how assets and debts are divided. Florida courts make these determinations under the state’s equitable distribution statute, which focuses on fairness rather than a strict 50/50 rule.
Who Has to Leave the House in a Divorce in Florida?
In most Florida divorces, neither spouse is automatically required to leave the marital home. Both parties generally have an equal right to remain in the residence until the court issues an order that says otherwise. However, there are exceptions when safety or legal orders are involved.
If a restraining order is issued, the spouse who is the subject of that order may be required to leave the marital home. This is often the spouse accused of domestic violence or violating a court order. When a restraining order is granted, the accused party is typically removed from the home for the duration of the divorce proceedings as a protective measure for the safety of the other party.
In some cases, the court may also require the removed spouse to continue paying the mortgage, utilities, and other household expenses even though they no longer live in the home. This ensures the financial stability of any children or dependent spouse remaining in the residence. In these cases, the removed spouse may be responsible for household payments until the property is sold or a final judgment is entered.
Child Custody and Time-Sharing in Florida Divorces
When children are involved, Florida courts always consider the child’s best interests when determining custody and time-sharing. Judges evaluate factors such as emotional ties, the ability of each parent to provide a stable environment, and in some cases, the child’s preference depending on their age.
A history of domestic violence or violating restraining orders can influence custody decisions. While a single violation might not disqualify a parent, repeated issues can raise concerns about safety and stability. In such cases, the court may order supervised visitation or limit a parent’s time-sharing rights to protect the child’s well-being.
Example: How Florida Courts Apply Equitable Distribution
Consider a situation where one spouse earns a significantly higher income while the other left their career to raise children. Although a 50/50 split might appear fair on paper, the court could award a larger portion of assets to the lower-earning spouse to achieve true fairness under equitable distribution. This flexible approach ensures both parties can maintain financial stability after the divorce.
The Bottom Line on Florida Divorce Property and Housing Rights
Florida divorces are not automatically 50/50, and no spouse is required to leave the marital home unless a court order or safety concern applies. The law focuses on equitable, not equal, outcomes that account for each family’s specific needs and circumstances. Understanding how these rules work can help you make informed decisions and reduce stress during the divorce process.
Talk to an Orlando Divorce Lawyer About Your Situation
If you have questions about property division, housing rights, or custody in a Florida divorce, contact Sean Smallwood, P.A.. Our Orlando divorce lawyers can explain your rights and help you navigate Florida’s equitable distribution and time-sharing laws.
Frequently Asked Questions About Florida Divorce
Does divorce always mean a 50/50 split in Florida?
No. Florida is an equitable distribution state, which means the court divides marital assets based on fairness, not a strict 50/50 formula. The outcome depends on factors such as income, contributions, and family needs.
Can a judge make one spouse leave the marital home?
Yes, but only under certain circumstances. A judge can issue an order for one spouse to leave the home if safety issues, restraining orders, or domestic violence allegations are involved. Otherwise, both spouses have equal rights to remain in the home during the divorce process.
What happens if one spouse moves out before the divorce is final?
Leaving the marital home does not automatically forfeit ownership rights. However, moving out can affect temporary custody or time-sharing arrangements if children are involved. It is best to consult with a Florida divorce lawyer before making this decision.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.