Divorce is one of the most stressful experiences a person can go through. If you’re a wife facing the end of your marriage, you’re likely carrying a mix of emotions—grief, fear, uncertainty, maybe even a little relief. But beneath all of that is one pressing question: What happens next?
Before you take the next step, it’s important to understand what you’re entitled to in a Florida divorce. Knowledge is power, and having clarity on your rights can help you make decisions from a place of confidence rather than fear. Whether you’re worried about keeping your home, securing financial stability, or ensuring a fair custody arrangement, knowing where you stand can make all the difference.
As we walk through property division, spousal support, child custody, and financial considerations, remember: you are not alone in this process. With the right guidance, you can move forward with a plan that protects your future and gives you the stability you deserve.
What Is a Wife Entitled to in a Divorce in Florida?
When it comes to divorce, there is nothing a wife is entitled to that a husband is not. The courts focus on fairness, not gender.
That said, many wives have specific concerns when facing divorce, especially when it comes to financial stability, property division, and child custody. This is particularly true for stay-at-home wives and mothers who may have sacrificed career opportunities to support their family. This issue is not limited to wives and mothers, however, and is also an issue for stay-at-home husbands and fathers.
The thought of starting over can feel overwhelming, making it all the more important to understand your rights.
While the legal system may seem complex, knowing what you’re entitled to can help you move forward with confidence. Let’s break down the key aspects of a Florida divorce so you can better understand your rights and what to expect.
Property Division
One of the biggest concerns in any divorce is how assets will be divided. In Florida, property division follows the principle of equitable distribution, which means assets are not necessarily divided equally, but fairly. The starting point for the analysis, however, is a 50/50 split.
The goal is to ensure that both spouses receive a reasonable share based on their individual economic circumstances and contributions to the marriage.
Florida courts consider several factors when dividing assets, including but not limited to:
- The economic circumstances of each spouse at the time of divorce
- Each spouse’s contributions to the marriage, including non-financial contributions such as raising children or supporting a spouse’s career
- Whether one spouse put the other through school or helped build a business
- Whether one spouse dissipated (wasted) marital assets before the divorce
- The length of the marriage
While Florida courts aim for fairness, the final distribution depends on the unique details of each divorce case. If you are concerned about protecting your financial future, consulting a family law attorney can help ensure you receive a fair share of the assets you helped build.
Spousal Support
Spousal support—also known as alimony—is designed to reduce financial insecurity. In Florida, a wife (or husband) may be entitled to alimony if she (or he) requires support to maintain financial stability and the other spouse has the means to provide it.
Florida courts may award different types of alimony depending on the circumstances of the marriage and divorce:
- Durational Alimony – Provides support for a set period of time, the length for which is calculated pursuant to Florida’s alimony statute.
- Temporary – Provides support during the pendency of the case.
- Bridge-the-Gap – Provides support for the transition from married to single.
- Rehabilitative Alimony – Helps a spouse become self-sufficient by covering education, job training, or other necessary steps to re-enter the workforce. The spouse seeking this support must present a specific rehabilitation plan outlining their path to financial independence. Permanent alimony was eliminated in Florida in 2023.
How Florida Courts Determine Alimony
Spousal support is not guaranteed in every divorce case. Florida courts evaluate several factors when deciding whether alimony is appropriate, including:
- The length of the marriage
- Each spouse’s earning capacity
- The standard of living during the marriage
- The financial resources and economic circumstances of each spouse
Alimony can have a significant impact on your financial future. If you are seeking support for a set period or need long-term assistance, working with a Florida divorce attorney can help you navigate the process and advocate for a fair outcome.
Child Custody and Time-Sharing
For many mothers, the most pressing concern in a divorce is what will happen with their children. Florida no longer uses the term “child custody” but instead refers to parental responsibility – how decisions involving the children will be made. Instead of “visitation,” Florida laws use the word “time-sharing” when referring to how much time each parent will spend with their children.
The courts focus on the best interests of the child, ensuring they have a stable, supportive environment after the divorce. In Florida, shared parental responsibility is the default, meaning both parents are expected to make big decisions together concerning the children.
The rebuttable presumption is that a 50/50 timesharing schedule is in the best interests of the children. To rebut this presumption, a parent must prove by a preponderance of the evidence that 50/50 time-sharing is not in the best interests of the children.
Courts want to preserve the child’s routine and sense of security, but they also value the child’s relationship with both parents. In cases where one parent has been the primary caregiver, the other parent may still receive significant time-sharing unless there is a valid reason to limit it.
Other Financial Considerations
Divorce affects more than just property and spousal support—it also brings financial changes you’ll need to prepare for.
If you have retirement accounts, you may need to determine how they will be divided and whether you’re entitled to a portion of your spouse’s savings. If you share debt, such as credit cards or loans, you’ll need to understand how responsibility for those payments will be assigned. If you rely on your spouse’s health insurance, you will most likely need to secure new coverage once the divorce is finalized.
These financial details can have a lasting impact, so it’s important to discuss them with your attorney to ensure a fair and secure outcome.
Concerns for Same-Sex Spouses
While Florida divorce laws apply equally to all married couples, same-sex spouses may face unique legal challenges. One of the biggest complications arises when a couple has been in a long-term committed relationship but only legally married for a portion of that time. Since property division and alimony are based in part on the length of the marriage, this can impact what a spouse is entitled to, even if the couple shared finances and built a life together for many years.
For same-sex parents, child custody and time-sharing can present additional challenges, especially if only one spouse is the biological or legally recognized parent. Florida courts prioritize the best interests of the child, but legal parentage plays a role in custody decisions. If one spouse never formally adopted the child, they may not have automatic parental rights, making legal representation critical in custody disputes.
Navigating a same-sex divorce can be more complex in certain areas, but the legal system continues to evolve. If you’re facing divorce and have concerns about property division, spousal support, or parental rights, working with an experienced family law attorney can help ensure your rights are protected.
Protect Your Future with the Right Guidance
Divorce is more than just a legal process—it’s a turning point that will shape your future. Florida’s divorce laws may apply equally to both spouses, but your situation is unique, and you deserve a solution that reflects your needs.
At Leap Frog Divorce, we take a different approach. Our goal is to help you move through divorce with clarity and peace of mind, whether that means negotiating an amicable resolution or standing up for you in a high-conflict situation. If you’re ready to take the next step, we’re here to help you navigate the process with compassion, strategy, and a focus on your future.
Call Leap Frog Divorce today to schedule a consultation and take control of what comes next.
