What Is a Wife Entitled To In a Divorce Settlement in Florida?
When approaching a divorce in Florida, many spouses enter the process with misconceptions about what they are legally “entitled” to based on gender. A common question is specifically what a wife is entitled to. However, the first and most critical fact to understand is that Florida’s divorce laws are strictly gender-neutral.[1]
The courts do not award assets or support based on being a husband or a wife, but rather on financial roles such as the “breadwinner” versus the “economically dependent spouse.” While historical trends often placed wives in the dependent role, modern statutes focus entirely on financial data, marriage duration, and the needs of the children.
Furthermore, Florida’s divorce landscape underwent a massive overhaul with new legislation effective July 1, 2023, which significantly changed entitlements regarding alimony.[2]
Equitable Distribution of Marital Assets
Florida is an “equitable distribution” state, meaning that marital assets are divided fairly, though not always exactly 50/50. The court starts with the premise that the distribution should be equal unless there is a justification for an unequal split.
What Counts as Marital Property?
A major shock for many spouses is realizing that almost every dollar earned or asset acquired during the marriage is considered marital property, regardless of whose name is on the account or title.[3]
- Income: Money earned by either spouse from the day of marriage until the day the divorce is filed is marital income.
- Retirement Accounts: Contributions to 401(k)s or IRAs made during the marriage are subject to division.
- Business Interests: If a spouse owns a business, the increase in its value during the marriage may be considered a marital asset if it resulted from marital effort or funds.[4]
Conversely, assets acquired before the marriage generally remain separate property, provided they were not commingled with marital funds.
Alimony and the 2023 Law Changes
The most significant recent changes to what a spouse is entitled to involve alimony. As of July 1, 2023, Florida eliminated permanent periodic alimony, replacing it with a more formulaic system based strictly on the length of the marriage.[5]
New Marriage Duration Categories
The new statute categorizes marriages into three distinct terms to determine alimony eligibility:
- Short-Term Marriage: Less than 10 years.
- Moderate-Term Marriage: 10 to 20 years.
- Long-Term Marriage: 20 years or longer.[6]
Caps on Durational Alimony
Durational alimony is now the primary form of long-term support, but it comes with strict statutory caps on how long it can last. The length of payments cannot exceed a specific percentage of the length of the marriage:
- Short-Term: Alimony cannot exceed 50% of the length of the marriage.
- Moderate-Term: Alimony cannot exceed 60% of the length of the marriage.
- Long-Term: Alimony cannot exceed 75% of the length of the marriage.[7]
The 35% Income Cap
In addition to time limits, there is now a hard cap on the amount of alimony that can be awarded. The law states that durational alimony cannot exceed 35% of the difference between the parties’ net incomes.[8] This provides a clear mathematical ceiling for negotiations, preventing awards that would leave the paying spouse with significantly less income than the recipient.
Child Support and Custody
Unlike alimony, child support is not an entitlement of the parent but a right that belongs to the child.[9] Its purpose is to ensure the child’s needs are met in both homes.
The “50/50 Custody” Misconception
A common myth is that if parents share 50/50 custody, neither pays child support. This is false. Florida uses an “Income Shares Model” that considers:
- The net incomes of both parents.
- The percentage of time-sharing (overnights) each parent has.
- Costs for health insurance and daycare.
Even with equal time-sharing, if there is a significant disparity in income (e.g., one parent earns $250,000 and the other earns $40,000), the higher earner will likely still pay child support to maintain the child’s standard of living.[10]
Attorney’s Fees and Litigation Costs
For a spouse who has little to no income compared to their partner, Florida law provides a mechanism to level the playing field. A dependent spouse is entitled to request that the higher-earning spouse contribute to their attorney’s fees.[11]
This award is based on two primary factors:
- Need: The requesting spouse’s demonstrated financial need for assistance.
- Ability to Pay: The other spouse’s financial ability to cover those costs.
This ensures that a stay-at-home parent or lower-earning spouse is not legally disadvantaged simply because they cannot afford high-priced representation.
Conclusion
In Florida, a wife is entitled to an equitable share of marital assets, potential alimony based on strict new duration formulas, and financial support for children. While the law no longer defaults to favoring women for custody or alimony, it provides robust protections for the lower-earning spouse to ensure financial fairness after the marriage ends.
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.