What is a wife entitled to in a divorce in Florida?

In Florida, divorce laws are designed to ensure a fair and equitable distribution of marital assets, liabilities, and responsibilities. While Florida does not automatically provide special entitlements to either spouse based on gender, the law considers several factors when determining the division of assets, alimony, child custody, and other vital issues. Get legal representation from a seasoned Florida divorce attorney to protect your rights and interests in a divorce.

Florida's No-Fault Divorce Law

Florida operates under a no-fault divorce system, which means that a spouse seeking a divorce does not need to prove wrongdoing, such as infidelity or abuse. Instead, the petitioner must simply demonstrate that the marriage is "irretrievably broken." This no-fault system applies equally to both spouses and establishes a neutral foundation for resolving financial and parental disputes.

Equitable Distribution of Marital Assets and Liabilities

Florida follows the principle of equitable distribution, which means marital assets and debts are divided relatively—but not necessarily equally—between the spouses. Here’s what that entails:

Marital vs. Non-Marital Property

• Marital Property: Assets and debts acquired during the marriage are generally considered marital property, regardless of whose name is on the title or account. Examples include real estate, joint bank accounts, retirement accounts accrued during the marriage, and debts like mortgages or credit card balances.
• Non-Marital Property: Assets acquired before the marriage, inheritances, or gifts to one spouse may remain non-marital property unless they were co-mingled or used for marital purposes (e.g., adding a spouse’s name to a deed or bank account).

Factors Affecting Equitable Distribution

The court considers multiple factors when dividing marital property, including:

• The duration of the marriage.
• Each spouse’s contributions to the marriage, including homemaking and raising children.
• The economic circumstances of each spouse.
• The contribution of one spouse to the education or career advancement of the other.
• Any intentional dissipation or depletion of marital assets by either party.

Alimony (Spousal Support)

Florida law allows for various types of alimony to support a lower-earning or non-earning spouse after divorce. Alimony is not guaranteed but can be awarded based on specific circumstances.

Types of Alimony

• Temporary Alimony: Support provided during the divorce proceedings.
• Bridge-the-Gap Alimony: Short-term assistance to help a spouse transition to post-divorce life (e.g., paying for moving expenses or job training).
• Rehabilitative Alimony: Support to help a spouse gain education or skills needed to become self-supporting.
• Durational Alimony: Support provided for a set period, typically not exceeding the length of the marriage.

Note: As of July 1, 2023, Florida has eliminated “permanent alimony,” a type of spousal support that previously allowed a spouse in marriages lasting 17 years or more to receive indefinite financial support.

Factors Considered for Alimony

The court examines:

• The length of the marriage (short-term, moderate-term, or long-term).
• The standard of living is established during the marriage.
• Each spouse’s age, physical and emotional health, and financial resources.
• Contributions to the marriage, including as a homemaker or caregiver.
• The earning capacity, education, and employability of both spouses.

If the wife is a lower-income earner or a stay-at-home parent, she may be entitled to alimony as a Florida resident to ensure financial stability.

Child Custody and Support

Parental Responsibility and Timesharing

Florida courts prioritize the best interests of the child when determining parental responsibility and timesharing. Both parents are generally encouraged to share custody unless one parent is deemed unfit due to abuse, neglect, or other harmful behavior.

For a wife, this means:

• Equal opportunity to share custody unless extenuating circumstances apply.
• A parenting plan that outlines timesharing schedules, decision-making authority, and responsibilities.

Child Support

The court uses a standard formula to calculate child support based on:

• Each parent’s income.
• The number of children involved.
• The timesharing arrangement.
• Additional expenses, such as health insurance, education, and daycare.

Even if the wife earns less than her ex-spouse, she may be entitled to receive child support to ensure the children’s needs are met. (Note: Florida divorce cases are handled in the state’s family courts and not in a tribunal.)

Legal Implications of Misconduct or Fault

Although Florida is a no-fault divorce state, certain behaviors can still influence the court’s decisions:

• Adultery: While not grounds for divorce, adultery may impact the distribution of assets or alimony if it leads to the misuse of marital funds.
• Domestic Violence: A history of abuse may result in the judge granting sole custody to the non-offending spouse and awarding additional financial support.

FAQs on a Wife’s Entitlements in a Divorce in Florida

Can a wife claim an interest in a business that the husband started before the marriage?

Yes, but only under specific circumstances. If the business grew in value during the marriage due to the efforts of either spouse or the use of marital funds, the wife may claim a share of the increased value. This is considered a marital asset subject to equitable distribution, even if the business itself was started before the marriage.

Is a wife entitled to compensation for managing household duties during the marriage?

While Florida law does not provide direct compensation for household duties, the court may consider the wife's contributions as a homemaker when determining equitable distribution of assets, alimony awards, and timesharing arrangements. These contributions are seen as valuable non-monetary efforts that supported the marriage and may factor into financial decisions.

Can a wife keep her inheritance in a divorce?

A wife’s inheritance is generally considered non-marital property and is not subject to equitable distribution, provided it is kept separate from marital assets. However, suppose the inheritance was co-mingled with marital funds (e.g., deposited into a joint account or used for marital expenses). In that case, it may be classified as marital property and divided during the dissolution of marriage.

Does a wife have a claim to the husband's retirement accounts?

Yes, but only to the portion of retirement accounts accrued during the marriage. Florida law considers retirement benefits earned during the marriage as marital property. However, any retirement funds earned before the marriage or after separation are typically regarded as non-marital property and are excluded from division. 

Can a wife seek reimbursement for money spent supporting the husband’s education or career development?

Yes, Florida courts may award reimbursement in cases where one spouse financially supported the other’s education, training, or career advancement during the marriage. This can include tuition payments, living expenses, or other financial contributions that increase the husband's earning potential. The wife may be entitled to a greater share of marital assets or alimony as compensation.

Is a wife entitled to the marital home even if her name is not on the deed?

Possibly, yes. If the marital home was purchased or significantly maintained with marital funds, it is generally considered marital property, even if only one spouse's name is on the deed. The wife may be awarded the marital home temporarily (e.g., for timesharing purposes with children) or receive her share of its value during equitable distribution. Your lawyer can provide a precise answer based on the facts of your case.

Can a wife keep gifts given to her by the husband during the marriage?

Typically, gifts exchanged between spouses during the marriage are considered marital property, especially if they were purchased with marital funds. However, personal gifts that were explicitly intended (with clear instructions) to be separate property may be retained by the wife, depending on the circumstances. 

Can a wife receive compensation for health insurance coverage after the divorce?

Florida courts do not require one spouse to continue providing health insurance for the other after divorce. However, the wife may request additional alimony to cover the cost of obtaining her health insurance, primarily if she relied on the husband’s coverage during the marriage. The legal position may vary depending on the situation.

Does a wife have a right to her husband’s professional licenses or degrees earned during the marriage?

Florida courts do not treat professional licenses or degrees as marital property. However, as a wife, you may receive alimony or a larger share of marital assets if you have supported the husband financially or otherwise during his pursuit of education or professional licensing.

What happens if the husband attempts to transfer or sell marital assets before the divorce is finalized?

Florida law imposes an automatic injunction when a divorce is filed, preventing either spouse from selling, transferring, or depleting marital assets without court approval. If the husband violates this rule, the wife can request legal remedies through her lawyer, including compensation or sanctions against the husband.

Legal Help is Here from Our Top-Rated Florida Divorce Lawyers

For over three decades, Veliz Katz Law has been a trusted legal advocate for individuals and families throughout Central Florida. With over 60 years of combined legal experience, Florida family law attorneys David Veliz and Kavita Sookrajh provide compassionate, personalized representation to meet your unique case needs. With a proven track record and the highest reputation since 1994, we are committed to achieving the best possible outcomes for our clients. To schedule your free consultation, call us at 407-849-7072 or contact us online.