When couples go through a divorce in Florida, one of the most critical and often contentious issues is how assets and debts are divided. Florida follows the principle of equitable distribution, which doesn’t always mean a 50/50 split—but rather a fair one. If you’re facing divorce, understanding how equitable distribution works in Florida can help you navigate the process with greater clarity and confidence.

What Is Equitable Distribution?

In Florida, marital property is divided according to the principle of equitable distribution (Florida Statutes § 61.075). This means the court will divide assets and liabilities in a manner that is fair, not necessarily equal. The goal is to ensure that each spouse walks away with a reasonable share based on the circumstances of the marriage.

Marital vs. Non-Marital Assets

Before dividing anything, the court must determine which assets and debts are considered marital and which are non-marital:

• Marital Assets include:
• Property acquired during the marriage (real estate, bank accounts, investments)
• Retirement accounts and pensions earned during the marriage
• Debts incurred jointly or for the benefit of the marriage
more

A Guardian Ad Litem is a person that is assigned by your family-court judge to act as the

judge’s eyes and ears outside of the courtroom. Judges are tasked with the difficult assignment

of deciding what is in the best interests of children when it comes to custody, timesharing,

parenting responsibilities, etc., but they are limited to the information they are provided in the

evidence phase at trial or hearings. Judges cannot leave their bench and go to your home and

interview family members or go to your child’s school or speak to your child’s therapist outside

of the courtroom. They send a Guardian Ad Litem to investigate and report back to them

information they need to make critical decisions pertaining to children.

A Guardian Ad Litem can be appointed in a case if the Judge feels it is necessary, or if a party

requests the appointment of a Guardian Ad Litem, or if another professional involved in your

family case recommends the appointment of a Guardian Ad Litem. A Guardian Ad Litem must

be appointed by the Court in cases that involve allegations of child abuse, abandonment or

neglect where such allegations are determined by the Court to be well-founded. Florida Statute

If you are involved in a family-law case, chances are you have been asked to complete a

Financial Affidavit or produce financial documents to your attorney or spouse. In fact,

any case that involves the division of property, the establishment of alimony, or the

calculation of child support, requires both parties in the case to exchange financial

information that may be used as evidence at trial and considered by the Judge when

making decisions in these areas. The only time you can “waive” exchanging financial

information and documents is when your case is uncontested. Uncontested means the

parties have no joint assets or debts and they have agreed to the terms of their divorce.

In every family-law case, except the uncontested ones, both parties are required to

exchange Mandatory Disclosure within the first forty-five days following service of

process. This involves the parties each completing a sworn Financial Affidavit and

producing certain documents such as twenty-four months of bank statements, Lease and

mortgage documents, 12 months of credit card statements, retirement account

statements, Tax Returns, paystubs, and other such records. A Financial Affidavit is a

In every divorce or paternity case that involves custody of children, a Parenting Plan must be

established. A Parenting Plan is a document, usually between 8-15 pages long, that acts as a

“contract” that the parties must follow regarding all child-related matters. A Parenting Plan can

either be agreed upon by the parties and written up after negotiations or at mediation, or it will

be ordered by the Judge after hearing all of the evidence at a trial in your case. Regardless of

how a Parenting Plan is derived, the terms and conditions within the Parenting Plan must be in

the best interests of the children.

Florida law lists several matters that must be included in a Parenting Plan. Florida Statute §

61.13(2)(b) provides that a Parenting Plan that is approved by the Court (or established after

trial) must, at a minimum, include 1) a description in adequate detail how the parents will share

and be responsible for the daily tasks associated with the upbringing of a child; 2) it must

include a time-sharing schedule that specifies the time a child will spend with each parent; 3) it

must designate which parent (or both) will be responsible for healthcare, school-related matters,

The short answer is No. But what if both parents agree? The answer is still No. Florida statutes

§ 61.13 and 61.30 are the Florida laws that governs child support in the state of Florida. Child

support is calculated using a specific, and sometimes archaic, formula that includes factors such

as the number of overnights each parent has with the child, the incomes of the parents, the cost

of health insurance and/or healthcare for the child and which parent covers this, the cost of

childcare services for the child (if necessary for the parents to work), and other related factors.

Even if both parents agree on how much child support one parent would pay the other, the

support must be in the child’s best interest. It’s only in the child’s best interest if the support

amount covers what is reasonably necessary for a parent to provide appropriate care for a child.

Florida has come up with a number that varies depending on household sizes and income, that

tells the Court what the State of Florida thinks is an “appropriate” amount of support each child

should receive from each parent.

The only part of child support that can be waived by a parent is retroactive child support or

The short answer to most family law questions is… “it depends”. Whether it is legal or not for your spouse to put a tracking device on your car depends on a few different factors. Let’s get the technicalities understood, first, before we discuss the variables. Florida law considers a “tracking device” as any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals, or any device that includes a “tracking application”, which means any software program whose primary purpose is to track or identify the location or movement of an individual.

Florida law says a person may not knowingly install or place a tracking device or tracking application on another person’s property without that person’s consent or use a tracking device or application to determine the location or movement of a person or their property without that person’s consent. Tracking a person unlawfully can result in a third-degree felony. There are exceptions, however, that apply for law enforcement or elderly caregivers, but in terms of family law, the following exceptions may apply:

1. The prohibition of tracking a person or their property does not apply to a parent or legal guardian of a child who tracks the child, so long as both parents are legally married to each other and are not separated and at least one parent provides consent, or if the parents are not married to each other and they both provide consent. This also does not apply to one parent of a child who is the sole surviving parent, or to a parent of a child that has sole custody of that child, by law.

Do grandparents Have Custody Rights?

Unfortunately, grandparents do not have automatic custody rights of their grandchild(ren). But, grandparents do have certain protections under Florida law that would assist them in gaining custody of or caring for their grandchild(ren) under certain circumstances.

Florida law understands that there are times when parents may need to leave their children in the temporary care of grandparents or extended family members while they are going through hard times. Florida Statute 751 was designed by Florida’s Legislature to provide certain rights, and safety measures, to assist extended family members and grandparents that have inherited the task of temporarily caring for minor children within their family. This law gives the Court the power to issue Orders that give grandparents and extended family members rights to consent to reasonable and necessary medical and dental treatment for the child(ren), and rights to make educational decisions and consent to psychiatric treatment for the child(ren). However, this is not automatic and must be sought by the grandparent(s) or extended family member, by filing a Petition with the Court.

The short answer is No. But what if both parents agree? The answer is still No. Florida statutes

§ 61.13 and 61.30 are the Florida laws that governs child support in the state of Florida. Child

support is calculated using a specific, and sometimes archaic, formula that includes factors such

as the number of overnights each parent has with the child, the incomes of the parents, the cost

of health insurance and/or healthcare for the child and which parent covers this, the cost of

childcare services for the child (if necessary for the parents to work), and other related factors.

Even if both parents agree on how much child support one parent would pay the other, the

support must be in the child’s best interest. It’s only in the child’s best interest if the support

amount covers what is reasonably necessary for a parent to provide appropriate care for a child.

Florida has come up with a number that varies depending on household sizes and income, that

tells the Court what the State of Florida thinks is an “appropriate” amount of support each child

should receive from each parent.

The only part of child support that can be waived by a parent is retroactive child support or

What is a Parenting Plan?

In every divorce or paternity case that involves custody of children, a Parenting Plan must be established. A Parenting Plan is a document, usually between 8-15 pages long, that acts as a “contract” that the parties must follow regarding all child-related matters. A Parenting Plan can either be agreed upon by the parties and written up after negotiations or at mediation, or it will be ordered by the Judge after hearing all of the evidence at a trial in your case. Regardless of how a Parenting Plan is derived, the terms and conditions within the Parenting Plan must be in the best interests of the children. Florida law lists several matters that must be included in a Parenting Plan. Florida Statute §61.13(2)(b) provides that a Parenting Plan that is approved by the Court (or established after trial) must, at a minimum, include 1) a description in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of a child; 2) it must include a time-sharing schedule that specifies the time a child will spend with each parent; 3) it must designate which parent (or both) will be responsible for healthcare, school-related matters, and other activities; and 4) it must describe in adequate detail the methods and technologies that a parent will use to communicate with the child. In addition to what is required by the law, a Parenting Plan can include terms pertaining to methods and technologies the parents will use to communicate with each other; which parent’s address will be used to designate the child’s school each year; where the parents will exchange the child for timesharing; and other child-related details specifically unique to each family. It is important when you have custody-related matters to think about these things during the pendency of your case. Ask your attorney for a form Parenting Plan to review to prompt you to think about what sorts of things you must, and may, be included in your parenting Plan. A Parenting Plan, once agreed upon by the parents or established by the Court, can be modified if the circumstances of the parties have changed substantially that were not foreseeable at the time of the original Parenting Plan being entered. However, this is not automatic. A parent must apply to the Court, usually by filing a Supplemental Petition for Modification, to change the terms and conditions in their Parenting Plan. This can be difficult, and there is a high burden on the parent that wants to modify to bring forward evidence that the circumstances have substantially changed and that it’s in the children’s best interests to change provisions in the Parenting Plan. Because every family is unique, and because one cookie-cutter form may not work for everyone, it is important that you have a competent and experienced family law attorney to help you through the process of establishing a Parenting Plan. Oftentimes we see issues that come up after the Final Judgment was entered that was not covered in an original Parenting Plan that may be somewhat difficult for you to get a Judge to decide after the fact. While we cannot anticipate every event or issue both parents will experience while raising their children, the more experienced your attorney is with Parenting Plans and the more detail you include in your Parenting Plan, the better. Contact an attorney at Vette Law to discuss your options.

What is “Discovery” in Family Law Cases?

If you are involved in a family-law case, chances are you have been asked to complete a Financial Affidavit or produce financial documents to your attorney or spouse. In fact, any case that involves the division of property, the establishment of alimony, or the calculation of child support, requires both parties in the case to exchange financial information that may be used as evidence at trial and considered by the Judge when making decisions in these areas. The only time you can “waive” exchanging financial information and documents is when your case is uncontested. Uncontested means the parties have no joint assets or debts and they have agreed to the terms of their divorce.

In every family-law case, except the uncontested ones, both parties are required to exchange Mandatory Disclosure within the first forty-five days following service of process. This involves the parties each completing a sworn Financial Affidavit and producing certain documents such as twenty-four months of bank statements, Lease and mortgage documents, 12 months of credit card statements, retirement account statements, Tax Returns, paystubs, and other such records. A Financial Affidavit is a document, usually 12 pages long, that you are required to fill out that discloses your income, both gross and net, your monthly expenses, your assets, and your debts/liabilities, and other such financial information. A Financial Affidavit is a sworn document that certifies the information included in it is true and correct, and if it is found to be fraudulent or forced it can have serious consequences on the outcome of your case.

A Guardian Ad Litem is a person that is assigned by your family-court judge to act as the judge’s eyes and ears outside of the courtroom. Judges are tasked with the difficult assignment of deciding what is in the best interests of children when it comes to custody, timesharing, parenting responsibilities, etc., but they are limited to the information they are provided in the evidence phase at trial or hearings. Judges cannot leave their bench and go to your home and interview family members or go to your child’s school or speak to your child’s therapist outside of the courtroom. They send a Guardian Ad Litem to investigate and report back to them information they need to make critical decisions pertaining to children.

A Guardian Ad Litem can be appointed in a case if the Judge feels it is necessary, or if a party requests the appointment of a Guardian Ad Litem, or if another professional involved in your family case recommends the appointment of a Guardian Ad Litem. A Guardian Ad Litem must be appointed by the Court in cases that involve allegations of child abuse, abandonment or neglect where such allegations are determined by the Court to be well-founded. Florida Statute § 61.401 governs the appointment of a Guardian Ad Litem. Once a Guardian Ad Litem is appointed by the Court in your family law case, they become a party to the case and they are made aware of every step that is taken by either parent, every motion that is filed, and every request that is submitted to the Court. While a Guardian Ad Litem cannot make decisions for your children or dictate what parents must do with respect to raising their children, they can investigate allegations and look into specific issues, and they can make recommendations to the Court as to what they believe is in your child’s best interests.

Interstate Child Custody Proceedings

When a child is born to parents that reside in two different states, and those parents engage in a legal proceeding to control parental rights and custody of that child, there needs to be a determination as to which state will exercise jurisdiction over the case. Jurisdiction in this context means which state’s court system will make decisions regarding each parent’s parental rights and the amount of time the child spends with each parent (i.e. custody). Determining jurisdiction is important because each state has their own set of laws pertaining to parental rights and custody. Which state will exercise jurisdiction over a child custody case is not always a clear-cut answer, and sometimes the two competing states’ courts will have a “UCCJEA conference” to determine which state has the superior power to make legal decisions regarding custody of the child.

Uniform Law

Because laws regarding custody of a child may differ between one state to another, and two jurisdictions (state courts) may compete over which state exercises control over the child, the Uniform Law Commission (UCL) created the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for states to follow, if they chose, to somewhat standardize or harmonize jurisdiction issues in child custody cases. This Act pertains to custody issues only; it does not pertain to child support cases – which can sometimes be controlled by a different jurisdiction. See § 61.503(3) Florida Statute and Keogh v. Keogh, 5D18-1080, 2018 WL 4168553, at *1 (Fla. 5th DCA Aug. 31, 2018). All but one state, Massachusetts, has adopted and implemented the UCCJEA.

The term “parental responsibility” in a Florida child custody proceeding pertains to a parent’s responsibility and rights to make decisions about their child(ren), including decisions regarding their child’s health, education, and wellbeing. Parental responsibility is a critical part of any child custody proceeding, including divorce and paternity actions. In fact, in all family cases, the court must enter or adopt a Parenting Plan that adjudicates 1) parental responsibility; and 2) a timesharing schedule that the time each parent spends with the child(ren). See Florida Statute § 61.13(2) (2023).

Parental responsibility includes the responsibility of each parent over all forms of healthcare, school-related matters including the address to be used for school-boundary determinations and registrations, and other activities. There are three forms of parental responsibility: shared parental responsibility, wherein both parents share equally all rights and responsibilities over the child(ren); sole parental responsibility wherein only one parent has parental responsibility and rights over the child and the other parent does not; and shared parental responsibility with ultimate decision-making to one parent (over matters the parents cannot agree to regarding the child(ren).

Effective July 1, 2023, Florida’s alimony reform law went into effect. There were many changes to the Florida alimony laws which we are unpacking for you in this post. First, permanent alimony is now abolished in Florida. This means that in a Florida divorce, a spouse can no longer request that the other party pay them alimony for an undefined period. Previously, in long-term marriages, the court had the authority to award permanent alimony if there was a need for it, and the other party had the ability to pay. The new alimony reform law takes away the option of permanent alimony. The current options available are now lump-sum alimony, durational alimony, bridge the gap and rehabilitative alimony.

The new law also makes clear that in marriages of less than three years in duration, durational alimony cannot be awarded. The award of alimony is now limited to fifty percent of the duration of the marriage in short-term marriages, sixty percent of the duration of the marriage in moderate term marriages, and seventy-five percent of the duration of the marriage in long-term marriages. For this new law, a marriage of less than ten years is considered short term. Marriages between ten and twenty years are considered moderate term and marriages lasting more than twenty years are now deemed as long-term marriages.

Effective July 1, 2023, there will be a rebuttable legal presumption in favor of equal timesharing for both parents after divorce or separation. This means that there will be a starting point when determining custody and timesharing of children in Florida divorce. The Court will assume that equal time sharing is in the children’s best interests. This is a “rebuttable presumption” which means that a party who is not in favor of equal timesharing, after divorce or separation, can attempt to prove to a judge why it is not in the children’s best interests to have an equal timesharing schedule. A court would then be required to consider all of the evidence presented and weigh the best interest factors to determine if equal timesharing is what is best for the children, or rather, some other type of parenting plan and timesharing schedule. Some common reasons why a judge may order a schedule which is not equal time for both parents are: substance abuse, lack of historic involvement with the child, frequent travel for work, physical abuse or violence, overnight work schedule, or a physical/mental health disorder which detracts from a parent’s ability to care for the child. Every situation is different, so it is important to speak with an attorney to carefully consider your options.

This is a common question people face during a divorce or separation in Florida. If you’re in this situation, there are several important things to consider. First, if you have children, it is not ideal to move out of the home before there is a timesharing plan in place. If you move out before having a temporary or permanent parenting plan in place, then the other parent may limit your ability to spend time and overnights with the children in your new residence. Additionally, not having overnights with the children can create a child support obligation owed to the other party.

The second consideration before moving out in a divorce situation is whether you ultimately desire to retain the marital home. If you do desire to keep the home, moving out is not always the best option. In a situation where you and the other party both want the home, a judge will consider things such as your ability to afford the mortgage, the ability to buy-out the other party from his or her interest in the property, and logistical things such as there being a new lease elsewhere and moving costs. If you are already out of the property, then it is likely you are obligated on a new lease and would experience moving costs to move back into the home. Accordingly, a judge may be less likely to award you the home because the other party is already living there exclusively and would not have moving costs, etc.

Recently our divorce lawyers Boynton Beach legal team got together. There was one common thing that came popping up. This was a misconception that there must be someone at fault for divorce. Many people believe that one spouse needs to be at fault in order to file for a dissolution of marriage in Florida. Typically, adultery is a common reason for divorce, however, that only applies in states that still require fault as a basis for filing a dissolution of marriage.

Florida, Palm Beach County and Boynton Beach Are No-fault

The entire state of Florida is a no-fault divorce state and therefore, no one has to be at fault in order to file for a dissolution of marriage.

A common reason for divorce that is not based on fault is due to the fact that the marriage is irretrievably broken.

What if only my spouse or I think the marriage is irretrievably broken but the other spouse does not?

That’s a great question! Under Florida law, only one party needs to find the marriage to be irretrievably broken. Therefore, even if your spouse does not want to file for a dissolution of marriage, you are still entitled to file without their permission.

The divorce lawyers Boynton Beach and Palm Beach County family law legal team recently discussed relocation issues during a divorce. Many people desire to relocate when facing divorce for various reasons. For some, the South Florida area proves too expensive to afford on one income. For others, they desire to live closer to family members to gain assistance caring for the children. In Florida, if you are facing a divorce and want to relocate with the children, you have to file a petition to relocate with the court. If the other party objects to the children relocating, then the judge must decide on the matter.

Our Divorce Lawyers Boynton Beach Team Educates on Relocation During Divorce

The divorce lawyers Boynton Beach legal team recently sat down and talked about relocation during a marital divorce. First, it is important to understand what the term "relocation" means under Florida law. Relocation is a change of the parent's residence at the time of filing the pending action for divorce. The change in location must be at least 50 miles from the residence and for at least 60 consecutive days. The 60-day requirement makes clear that long vacations or absences from your home to seek things like healthcare do not trigger the relocation statute.

This is one of the most common question our divorce lawyers Boynton Beach legal team receives during our FREE consultations. For many people facing divorce, they are fearful of the outcome. they are unsure whether or not they will have enough money to meet their monthly expenses after divorce. In Florida divorce, alimony can be requested in marriages of any length.

In Florida, 17 Years of Marriage May Mean Lifetime Alimony

If you have been married for 17 years, this is deemed a long-term marriage. You can request permanent alimony. Permanent alimony is a support payment with no specific end date. This is where your former spouse must pay until one of the following occurs.

• the receiving spouse remarries
• either party passes away
• or until he or she files a supplemental petition for reduction/termination of alimony which typically occurs at retirement

How Alimony is Calculated in Marriages Under 17 Years

If the duration of the marriage is not 17 or more years, then durational alimony can be requested. Durational alimony cannot exceed the length of the marriage. In practice, durational alimony is typically awarded for half the duration of the marriage or less.

Our divorce lawyers Boynton Beach legal professionals handle every client with compassion. We know this is a difficult time for you. This is one of the reasons we have come up with a pay one price option for marital divorce. Learn how our family law firm is trying to help you during this difficult time.

Traditional Per hour billing by Most Florida Family Law Firms and Divorce Lawyers

The most common billing method in Florida family law cases is the hourly method. The scenario starts with an up-front retainer which the divorce attorney will bill against at their hourly rate (often between $250 and $550 per hour). Once the retainer amount is expended, the law firm will typically ask for a new retainer to bill against. they will simply send you monthly invoices for the remainder of the case. Here are a few issues with this type of billing:

• Hourly billing does not incentivize efficiency and the biller earns more the longer the case drags on.
• The customer has no way to know what their legal fees will be. Receiving the monthly bill every month can become a scary occasion since there is no way to tell how much time the attorney spent that month. This undetermined billing system does not allow clients to budget for the cost of their case or to have the peace of mind that they can afford their lawyer throughout the entirety of the case.
• Hourly billing creates a disincentive to speaking with your lawyer so facts can be missed, and the lawyer may not have the whole story which can limit the lawyer’s ability to properly advise you.
• Hourly rates can increase over time which creates even more uncertainty around the total cost of the litigation.
• The higher the conflict, the higher the bill so hourly billing can reward the biller to increase the conflict of the case or not prioritize keeping conflict low.

Vette Law Divorce Lawyers Boynton Beach Explains What to Do When A Spouse is Hiding Money?

A common issue our divorce lawyers Boynton Beach team sees in contested divorces is spouse hiding income. Sometimes they are understating their income to gain an unfair advantage. Most often, this situation occurs when one party is self-employed. I highly recommend hiring an experienced family law attorney if you are facing this situation. In the meantime, here are some suggestions:

Top 4 Things to Do When You Think a Spouse is Hiding Money is a Divorce Case

We have outlined the top 4 things to look for if you suspect your spouse is hiding money. If any of these are in place, we urge you to call our experienced legal professionals to get immediate answers. This is a critical time and you need to know what you are look for to protect yourself. The top 4 things to look for if you think your spouse is hiding money are below.

1. Review the business records from years prior to the marital divorce. Often, the older records will be more accurate as the transactions were recorded before the marriage was undergoing strain. Compare the current information with the older records. Look to see if there are significant changes in the revenue, profits or expenses. Red flags to look for are large increases in expenses or reductions in reported cash.
2. Examine the lifestyle of the other party. If there is a monthly loss reported on his or her financial affidavit, then look to see if there is revolving credit card debt. If not, then the claimed deficit is likely inaccurate.
3. Make sure all bank accounts are accounted for. Review the bank records for transfers to undisclosed accounts.
4. After reviewing the business records, consider a deposition to question the other party about the purported change in business income.

A common question asked when someone is facing divorce is whether or not they need to move out of the home. Typically, there is no requirement to do so. Assuming that both the husband and wife can continue to cohabitate amicably in the family home during the divorce, then there is no reason to move out of the home. In some situations, if the parties are hostile toward each other to the extent that it is determinantal to the children or unsafe to the parties, or in the situation of domestic violence, then the court can require one party to move out during the divorce case.

There are pros and cons to the decision of a voluntary move during the divorce. One benefit of moving into a new residence is increased privacy since the other spouse will not have access to the residence or be on the lease. One detriment to moving out is the cost and the challenge of dividing the cost of two homes. Moving out also creates the need for a temporary parenting plan to govern where and how often each parent will see the children.

Moving out of the home does not mean the court cannot allocate the home to you in the event the case is not settled and there is a trial on who gets what property. However, if a person does move out and is in a new lease, it is one factor that the court can consider in allocating the marital property.