{"id":153600,"date":"2026-10-30T13:14:06","date_gmt":"2026-10-30T13:14:06","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=153600"},"modified":"2026-10-30T14:23:22","modified_gmt":"2026-10-30T14:23:22","slug":"united-states-florida-family-law","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/united-states-florida-family-law\/","title":{"rendered":"United States- Florida: Family Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-153600","comparative_guide","type-comparative_guide","status-publish","hentry","guides-family-law","jurisdictions-united-states-florida"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Sasser, Cestero &#038; Roy P.A<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/11\/sasser-cestero-roy.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Sasser, Cestero &#038; Roy P.A<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/11\/sasser-cestero-roy.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Family Law laws and regulations applicable in United States- Florida<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for divorce and property division? How do the concepts of domicile, residence and nationality apply in relation to divorce and financial arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To maintain a divorce action, there needs to be both personal jurisdiction and subject matter jurisdiction. For there to be subject matter jurisdiction, at least one of the parties needs to be a resident of the State of Florida for at least six (6) months prior to the filing of the divorce action. See \u00a7 61.021, Fla. Stat. However, this residency requirement is only for subject matter jurisdiction over the divorce action. It does not convey subject matter jurisdiction over children\u2019s issues, such as timesharing and parental responsibility.<\/p>\n<p>The State of Florida has codified the Uniform Child Custody Jurisdiction and Enforcement Act (\u201cUCCJEA\u201d). Under the UCCJEA, jurisdictional priority to make an initial child custody determination is given to the child\u2019s \u201chome state.\u201d See \u00a7 61.514, Fla. Stat.<\/p>\n<p>Personal jurisdiction is perfected by serving process on the other party in the State of Florida. Service of process can be accomplished by personally serving the other party or through \u201csubstitute service,\u201d meaning leaving a copy with a person 15 years of age or older who resides at the party\u2019s usual place of abode and informing that person of the contents. See \u00a7 48.031(1)(a), Fla. Stat. If service of process cannot be completed in Florida, you can obtain personal jurisdiction through Florida\u2019s \u201clong-arm statute.\u201d The \u201clong-arm statute\u201d allows for service outside of Florida so long as the party being served is maintaining a matrimonial domicile in Florida at the time the case was initiated, or, if the party resided in Florida preceding the filing of the case, whether or not the parties cohabited during that time. See \u00a7 48.193(1)(a)5., Fla. Stat.<\/p>\n<p>It is important to remember that to be awarded any financial relief, as part of the divorce, you must have personal jurisdiction over the other party. Without personal jurisdiction over the other party, a trial court will only have jurisdiction to dissolve the marriage, nothing else.<\/p>\n<p>Therefore, residency is important due to the residency requirement to establish subject matter jurisdiction. Whereas, nationality has no bearing on subject matter or personal jurisdiction. Domicile only applies in connection with trying to obtain personal jurisdiction over a party who is served outside the State of Florida.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors do local courts take into account when determining forum\/jurisdiction issues? In what circumstances (if at all) would your jurisdiction stay divorce proceedings in favour of proceedings in another country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida courts will primarily look at which forum\/jurisdiction perfected jurisdiction first. Pursuant to Florida law, a trial court perfects jurisdiction once a case has been filed and the other party has been served. See Mabie v. Garden St. Mgmt. Corp., 397 So. 2d 920 (Fla. 1981). Other states deem jurisdiction perfected once the case has been filed. Therefore, under the principle of priority, a \u201cfile first\u201d state will be given priority over a Florida case where service of process has not been completed because the other forum perfected jurisdiction first. The same would be true in a case filed in another country.<\/p>\n<p>Florida courts may also stay or dismiss an action under the doctrine of forum non conveniens when an adequate alternative forum exists and the private and public interest factors favor that forum. See Fla. R. Civ. P. 1.061; Kinney Sys., Inc. v. Cont\u2019l Ins. Co., 674 So. 2d 86 (Fla. 1996). As to children\u2019s issues, the UCCJEA controls. A Florida court generally may not proceed if a custody proceeding was first commenced in another state with jurisdiction substantially in conformity with the UCCJEA, and a Florida court may decline jurisdiction as an inconvenient forum after weighing the factors in \u00a7 61.520(2), Fla. Stat. See \u00a7\u00a7 61.519, 61.520, Fla. Stat. A foreign country is treated as a state for these purposes. See \u00a7 61.506, Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is applicable law relevant in your jurisdiction \u2013 when and how would this apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Applicable law is relevant in the State of Florida. Florida law is comprised of multiple different sources including, but not limited to, The Florida Statutes, Florida case law, and the Court Rules of Procedure. To that point, multiple different sources govern family law matters. Dissolution of marriage actions are governed by Chapter 61 of the Florida Statutes. Paternity actions are governed by Chapter 742 of the Florida Statutes. Chapter 88 of the Florida Statutes codifies the Uniform Interstate Family Support Act. These statutory provisions are defined and developed through Florida case law which comes from opinions issued by Florida\u2019s six District Courts of Appeal and the Florida Supreme Court. Further, these types of actions are regulated through the Florida Family Law Rules of Procedure. Therefore, Florida law is developed through multiple sources.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the grounds for divorce and are they fault-based? What is the broad procedure and timeline for divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida is not a fault-based divorce state. There are two grounds for divorce: (a) the marriage is \u201cirretrievably broken,\u201d or (b) the mental incapacity of one of the parties, provided that party has been adjudged incapacitated for a preceding period of at least three (3) years. See \u00a7 61.052(1), Fla. Stat. In practice, nearly all cases proceed on the \u201cirretrievably broken\u201d ground. The broad procedure and timeline for a divorce is heavily dependent on a myriad of different factors depending on the complexity of the case, but, generally speaking, contested cases are supposed to be completed within six months (180 days) from filing a dissolution of marriage action, and uncontested cases within ninety (90) days. See Fla. R. Gen. Prac. &amp; Jud. Admin. 2.250(a). However, six months from filing a dissolution of marriage action is not always a realistic goal.<\/p>\n<p>Florida cases begin with a Petition for Dissolution of Marriage. Simply put, a fully litigated family law case is generally divided into three phases. First, there is the initial filing of the pleadings phase, which can include certain pre-trial motions and initial discovery requests. Second, the case moves into the discovery phase, where the parties are required to disclose certain information about their case. Third, the case moves into a phase of seeking resolution, with resolution being achieved by either settling the case and\/or preparing for trial.<\/p>\n<p>Several mandatory steps apply in every case. Each party must serve a financial affidavit and the mandatory disclosure documents required by Florida Family Law Rule of Procedure 12.285 within forty-five (45) days of service of the initial pleading. In cases involving minor children, both parties must complete a parent education and family stabilization course before a final judgment is entered. See \u00a7 61.21, Fla. Stat. In addition, a final judgment may not be entered until at least twenty (20) days after the petition is filed, unless the court finds that injustice would result. See \u00a7 61.19, Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for service of divorce proceedings in your jurisdiction? Can you make a joint application for a divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Service of Process can be completed in a few ways. A person can be personally served, which is where a party receives copies of the initial filing document in-person from a process server. See \u00a7 48.031(1)(a), Fla. Stat. Also, service can be completed through \u201csubstitute service,\u201d which is where a person 15 years of age or older who resides at the party\u2019s usual place of abode is served with a copy of the documents at the party\u2019s residence. See id. There is also constructive service, commonly called service by publication. However, service by publication requires strict compliance with the directives of Chapter 49 of the Florida Statutes.<\/p>\n<p>Personal service and substitute service are sufficient for the court to have jurisdiction over the individual to grant financial relief. However, service by publication is not sufficient to have jurisdiction over the individual to grant financial relief. Service by publication permits the court to dissolve the marriage and to adjudicate rights in property located in Florida, but it does not support a personal money judgment such as alimony, child support, or attorneys\u2019 fees.<\/p>\n<p>Although acceptable in some states, \u201cdrop service\u201d is generally not sufficient service in the State of Florida. The only exception is when the party being served is actively evading service at the time service is attempted. This form of service is governed by case law, not statutory law.<\/p>\n<p>A standard dissolution of marriage action is initiated by one party\u2019s petition. However, Florida does permit a joint filing through its \u201csimplified dissolution of marriage\u201d procedure. See Fla. Fam. L. R. P. 12.105. Both spouses sign and file the petition together and certify under oath that they meet the qualifications, which include: (a) the parties have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant; (b) the parties have made a satisfactory division of their property and have agreed on payment of their joint obligations; and (c) at least one party meets the six-month residency requirement. Both parties must appear before the court at the final hearing. The procedure is not available if the parties have minor or dependent children, even if the parties agree on all issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the following recognised in your jurisdiction? a. Foreign marriages; b. Foreign civil partnerships \/ civil unions; c. Customary marriages, or d. Religious marriages.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>a. Foreign marriages;<\/strong><\/p>\n<p>Foreign marriages are recognized so long as the marriage is a valid marriage under the laws of the foreign jurisdiction. See Montano v. Montano, 520 So.2d 52 (Fla. 3d DCA 1988). However, if a purported marital relationship in a foreign jurisdiction would be deemed invalid in that jurisdiction, the marital relationship must be deemed invalid here. See Claflin v. Claflin, 288 So. 3d 774, 777 (Fla. 1st DCA 2020) (citing Betemariam v. Said, 48 So. 3d 121, 125 (Fla. 4th DCA 2010) (holding that because the Commonwealth of Virginia mandated a marriage license as a condition of marriage, and the litigants had never obtained such a license, \u201c[t]he trial court had no choice but to determine that no legal marriage had occurred\u201d)).<\/p>\n<p><strong>b. Foreign civil partnerships \/ civil unions;<\/strong><\/p>\n<p>Florida law does not have a legal status for civil partnerships \/ civil unions. Under Florida law you can only be married or unmarried. Nevertheless, legally valid and\/or binding statuses from other jurisdictions will be recognized under Florida law. However, this issue has been significantly less relevant since the legalization of same-sex marriage throughout the United States.<\/p>\n<p><strong>c. Customary marriages, or <\/strong><br \/>\n<strong>d. Religious marriages.<\/strong><\/p>\n<p>Generally, customary and\/or religious marriages performed in Florida are recognized as legal marriages so long as they comply with the statutory requirements for marriage licenses. See \u00a7 741.07, Fla. Stat. If the licensing requirements are not met, the customary and\/or religious marriage is not a legal marriage in the State of Florida.<\/p>\n<p>However, if the customary and\/or religious marriage occurs in a foreign jurisdiction that considers the marriage to be a valid legal marriage, Florida trial courts will recognize the customary and\/or religious marriage as a valid legal marriage under the principle of comity.<\/p>\n<p>Florida abolished common-law marriage for any marriage entered into after January 1, 1968. See \u00a7 741.211, Fla. Stat. Nevertheless, as a matter of comity, Florida courts generally recognize a common-law marriage validly created in a jurisdiction that permits it. See Am. Airlines, Inc. v. Mejia, 766 So. 2d 305 (Fla. 4th DCA 2000).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are same sex marriages \/ unions recognised in your jurisdiction and if so, how?  Does your jurisdiction recognise same sex marriages \/ unions that have taken place in another jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u00a7 741.212(1), Fla. Stat. explicitly states that, \u201cMarriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.\u201d Further, Art. I, \u00a7 27 of the Florida Constitution states, \u201cInasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.\u201d Therefore, Florida statutory law as written does not recognize same-sex marriages\/unions.<\/p>\n<p>However, federal legal precedent rendered these same-sex marriage \/ union statutory prohibitions constitutionally invalid. See Brenner v. Scott, No. 4:14CV107-RH\/CAS, 2016 WL 3561754, at *4 (N.D. Fla. Mar. 30, 2016); see also Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014) (preliminary injunction). The Brenner opinion followed the U.S. Supreme Court&#8217;s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), which established a fundamental constitutional right to same-sex marriage nationwide.<\/p>\n<p>In addition, the federal Respect for Marriage Act, Pub. L. No. 117-228 (2022), requires every state to give full faith and credit to a marriage validly entered into in another state, regardless of the sex of the parties. See 28 U.S.C. \u00a7 1738C. Although \u00a7 741.212 and Article I, \u00a7 27 remain in the text of Florida law, they are unenforceable, and same-sex spouses in Florida have the same rights and obligations in dissolution, equitable distribution, alimony, and parenting proceedings as opposite-sex spouses. Same-sex marriage remains a subject of political debate. However, on November 10, 2025, the U.S. Supreme Court denied certiorari in Davis v. Ermold, No. 25-125, a petition that asked the Court to revisit Obergefell. As a result, Obergefell remains binding law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the substantive financial orders (e.g. capital, property, pensions and maintenance \/ alimony) the court can make?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The forms of financial relief that the Court can award as part of a divorce case are equitable distribution, alimony, child support, and attorneys\u2019 fees and costs. Equitable distribution is Florida\u2019s property distribution scheme. This is how marital assets and liabilities are divided. Alimony is Florida\u2019s form of maintenance or spousal support. Following the 2023 amendments to \u00a7 61.08, Fla. Stat., the available forms of alimony are temporary, bridge-the-gap, rehabilitative, and durational alimony, and any award may be paid periodically or in a lump sum. Permanent alimony is no longer available. Child support is the parties\u2019 obligations to financially support their minor child(ren). A trial court can also order a party to pay the other party\u2019s reasonable attorneys\u2019 fees and costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the guiding principles adopted in your jurisdiction in relation to the division of assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida\u2019s property distribution scheme is equitable distribution. \u00a7 61.075, Fla. Stat. governs equitable distribution. Equitable distribution is based on the premise that all marital assets and liabilities will be equally divided between the parties. However, \u00a7 61.075(1), Fla. Stat. provides that the Court can award an unequal distribution of the marital assets and liabilities if there is justification to do so based on a factors-based test. No one factor is determinative, and the factors are as follows:<\/p>\n<p style=\"padding-left: 40px\">(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.<\/p>\n<p style=\"padding-left: 40px\">(b) The economic circumstances of the parties.<\/p>\n<p style=\"padding-left: 40px\">(c) The duration of the marriage.<\/p>\n<p style=\"padding-left: 40px\">(d) Any interruption of personal careers or educational opportunities of either party.<\/p>\n<p style=\"padding-left: 40px\">(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.<\/p>\n<p style=\"padding-left: 40px\">(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.<\/p>\n<p style=\"padding-left: 40px\">(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.<\/p>\n<p style=\"padding-left: 40px\">(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.<\/p>\n<p style=\"padding-left: 40px\">(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.<\/p>\n<p style=\"padding-left: 40px\">(j) Any other factors necessary to do equity and justice between the parties.<\/p>\n<p>In 2024, the Legislature amended \u00a7 61.075, effective July 1, 2024, to address several recurring classification and valuation issues. See Ch. 2024-237, Laws of Fla. Among other things, the amendments: (1) provide that a spouse joining in a deed solely to convey homestead property to a third party does not change the character of the property, and require that an interspousal gift of real property be made in a writing that complies with \u00a7 689.01, Fla. Stat.; (2) provide that enterprise goodwill of a closely held business, meaning goodwill separate and distinct from the owner spouse\u2019s continued presence and reputation, is a marital asset that the court must value; and (3) define the \u201cgood cause\u201d required for an interim partial distribution as the existence of extraordinary circumstances.<\/p>\n<p>However, Florida case law provides very little guidance on when it is appropriate for the Court to grant an unequal distribution. There are significantly more appellate opinions overturning unequal distributions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the court make interim financial provision during proceedings? (including for legal and interim maintenance \/ alimony costs) during the proceedings, and what factors are taken into account?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The trial court can make interim financial provisions by awarding various forms of interim relief. This includes interim partial equitable distribution, temporary alimony, temporary child support, and temporary attorneys\u2019 fees and costs.<\/p>\n<p>Interim partial equitable distribution awards are governed by \u00a7 61.075(5), Fla. Stat., and they are generally rare. More commonly they occur based upon agreement of the parties as these types of awards require a finding of \u201cgood cause\u201d to support these awards. \u201cGood cause\u201d is defined as the existence of extraordinary circumstances. See \u00a7 61.075(5), Fla. Stat. (as amended by Ch. 2024-237, Laws of Fla.). The existence of extraordinary circumstances is based on the following factors:<\/p>\n<p style=\"padding-left: 40px\">1. Whether there is a need for funds in order to avoid or prevent the loss of an asset through repossession or foreclosure, the loss of housing, the default by either party of a marital debt, or the levy of a tax lien.<\/p>\n<p style=\"padding-left: 40px\">2. Whether there is a need for funds to pay an expense for a dependent child if nonpayment of the expense would be detrimental to the child.<\/p>\n<p style=\"padding-left: 40px\">3. Whether one or both parties have a need to access funds in order to pay a reasonable amount of the attorney fees, court costs, or other suit money for maintaining or defending a proceeding under this chapter.<\/p>\n<p style=\"padding-left: 40px\">4. Any other circumstances that justify the entry of an order granting an interim partial equitable distribution.<\/p>\n<p>Temporary alimony awards and temporary attorneys\u2019 fees awards are more commonly awarded forms of temporary relief, over interim-partial equitable distribution. They are more common because they do not require the existence of \u201cextraordinary circumstances.\u201d Temporary alimony and temporary attorneys\u2019 fees awards are governed by the legal principle of \u201cneed and ability to pay\u201d. The requesting party must show a present financial need for such an award, and the requesting party must prove that the opposing party has the present \u201cability to pay\u201d temporary alimony and\/or attorneys\u2019 fees. Temporary alimony awards are not subject to the same restrictions as durational alimony awards as to the amount that can be awarded. Temporary alimony is governed by \u00a7 61.071, Fla. Stat., and temporary attorneys\u2019 fees are governed by \u00a7 61.16, Fla. Stat. Trial court judges have immense discretion when awarding temporary financial relief.<\/p>\n<p>Temporary child support awards must be awarded, and they are calculated in the same manner as a final child support order.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is ongoing spousal maintenance \/ alimony dealt with \u2013 is it typically awarded for a fixed term or on an ongoing basis? Is there a standard formula for calculating the amount and duration, or do judges retain discretion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Alimony awards are governed by \u00a7 61.08, Fla. Stat. This statute recently underwent significant changes. Effective July 1, 2023, the Legislature abolished permanent alimony, which is alimony for an indefinite period of time. See Ch. 2023-315, Laws of Fla. The amended statute applies to all initial petitions for dissolution of marriage or support pending or filed on or after July 1, 2023. See \u00a7 61.08(11), Fla. Stat. The 2023 amendments did not automatically terminate or convert permanent alimony awards entered before that date, but the new modification provisions discussed below may be invoked as to existing awards. Under current Florida law, trial courts can award one or multiple forms of alimony. The available forms of alimony are: 1) temporary alimony (during the pendency of the case); 2) bridge-the-gap alimony; 3) rehabilitative alimony; and 4) durational alimony. Any award may be paid periodically or in a lump sum. See \u00a7 61.08(1)(a), Fla. Stat. For example, a party may be awarded bridge-the-gap and durational alimony or rehabilitative alimony and durational alimony as these forms serve different purposes.<\/p>\n<p>Before awarding any form of alimony, the court must make a specific factual determination that the requesting party has an actual need for alimony and that the other party has the ability to pay, and the requesting party bears the burden of proof on both elements. See \u00a7 61.08(2)(a), Fla. Stat. The court must then consider the factors in \u00a7 61.08(3) and make written findings as to the basis, type, and length of any award. The court may also consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any. See \u00a7 61.08(1)(a), Fla. Stat. For purposes of alimony, there is a rebuttable presumption that a short-term marriage is less than ten (10) years, a moderate-term marriage is ten (10) years up to twenty (20) years, and a long-term marriage is twenty (20) years or more, measured from the date of marriage to the date of filing the petition. See \u00a7 61.08(5), Fla. Stat.<\/p>\n<p>Durational alimony is awarded for a set period of time. It is usually paid monthly as a set amount. There is not a standard formula to determine the amount or duration. However, the statute caps both. The length of a durational alimony award may not exceed fifty percent (50%) of the length of a short-term marriage, sixty percent (60%) of the length of a moderate-term marriage, or seventy-five percent (75%) of the length of a long-term marriage. See \u00a7 61.08(8)(b), Fla. Stat. The amount may not exceed the lesser of the obligee\u2019s reasonable need or thirty-five percent (35%) of the difference between the parties\u2019 net incomes. See \u00a7 61.08(8)(c), Fla. Stat. Durational alimony cannot be awarded following a marriage lasting less than three (3) years. See \u00a7 61.08(8)(a), Fla. Stat. Therefore, there are significant limitations on a trial court\u2019s discretion in awarding durational alimony. However, a trial court can utilize its discretion to extend the duration of a durational alimony award beyond the cap provided. \u00a7 61.08(8)(b), Fla. Stat. provides that,<\/p>\n<p>\u201cUnder exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors:<\/p>\n<p style=\"padding-left: 40px\">1. The extent to which the obligee&#8217;s age and employability limit the obligee&#8217;s ability for self-support, either in whole or in part.<\/p>\n<p style=\"padding-left: 40px\">2. The extent to which the obligee&#8217;s available financial resources limit the obligee&#8217;s ability for self-support, either in whole or in part.<\/p>\n<p style=\"padding-left: 40px\">3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.<\/p>\n<p style=\"padding-left: 40px\">4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.\u201d<\/p>\n<p>Therefore, there may be a basis to extend a durational alimony beyond the duration cap.<\/p>\n<p>Rehabilitative alimony is designed to assist a spouse in establishing the capacity for self-support through either the redevelopment of previous skills or credentials, or the acquisition of education, training, or work experience necessary to develop appropriate employment skills. This form of alimony is unique because it requires a specific and defined rehabilitative plan as part of any order, and the length of the award may not exceed five (5) years. Rehabilitative alimony may be modified or terminated upon a substantial change in circumstances, noncompliance with the rehabilitative plan, or completion of the plan. See \u00a7 61.08(7), Fla. Stat.<\/p>\n<p>Bridge-the-gap alimony is spousal support that is meant to aid a spouse in the transition from being married to being single. It is most often awarded in short-term marriages. Bridge-the-gap alimony cannot be awarded for a duration that exceeds two (2) years, and it terminates upon the death of either party or the remarriage of the obligee. This type of alimony is unique because, unlike durational and rehabilitative alimony, it cannot be modified in amount or duration. See \u00a7 61.08(6), Fla. Stat.<\/p>\n<p>Under the amended statute, a lump-sum payment is a method of paying alimony rather than a separate type of alimony. See \u00a7 61.08(1)(a), Fla. Stat. Lump-sum payments are rare in contested cases and are more commonly the product of agreement. Case law decided before the 2023 amendments required a showing of justification for a lump-sum award, and parties may continue to argue those standards.<\/p>\n<p>The 2023 amendments also changed the modification landscape. The court must reduce or terminate alimony upon written findings that a supportive relationship has existed between the obligee and a person not related by blood or marriage, and the obligor may prove the relationship existed at any time during the 365 days before the petition for modification was filed. See \u00a7 61.14(1)(b), Fla. Stat. In addition, an obligor who has reached normal retirement age, as defined by the Social Security Administration or the customary retirement age for his or her profession, and who has retired or taken demonstrative and measurable steps to retire, may seek a reduction or termination of alimony, and may file the petition up to six (6) months before the anticipated retirement. See \u00a7 61.14(1)(c), Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign financial orders?  How is enforcement dealt with to ensure compliance with financial orders following divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign financial orders are enforceable in the State of Florida. Foreign support orders are enforced through the Uniform Interstate Family Support Act (\u201cUIFSA\u201d), which is codified in Chapter 88 of the Florida Statutes. The version of UIFSA codified by the State of Florida establishes a registration process. That process is detailed in \u00a7 88.6021, Fla. Stat. Florida\u2019s version of UIFSA also implements the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which entered into force for the United States on January 1, 2017. Once a support order is registered, a Florida trial court has a number of remedies in which to enforce the Order. A trial court can utilize its contempt power to implement coercive fines and penalties, which includes, but is not limited to, entering orders to garnish wages, implementing fines and fees, and even incarceration. Additionally, orders can be entered requiring the forfeiture of property.<\/p>\n<p>The same is generally true for judgments adjudicating property rights. Judgments of other U.S. states are entitled to full faith and credit and may be domesticated under the Florida Enforcement of Foreign Judgments Act, \u00a7\u00a7 55.501-55.509, Fla. Stat., and judgments of foreign countries are recognized under the principle of comity, subject to \u00a7 61.0401(3), Fla. Stat. Once recognized, a trial court can garnish wages, order the forfeiture of property, etc. However, because Article I, section 11 of the Florida Constitution prohibits imprisonment for debt, a trial court generally cannot use civil contempt and incarceration to enforce a money obligation that is not in the nature of support, such as an equalizing payment. Contempt may still be available to compel compliance with an order directing a party to transfer or deliver specific property. Other remedies include recording the judgment so that it operates as a conveyance of the property and pursuing the collection remedies available for money judgments. See \u00a7 61.075(4), (10), Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can financial claims be made in your jurisdiction after an overseas divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>It is possible for a party to make financial claims even if a divorce judgment has been entered in a foreign jurisdiction, so long as the divorce judgment does not adjudicate property or support rights. By way of example, in Lee v. Lee, 352 So. 3d 420 (Fla. 2d DCA 2022) the parties were Finnish citizens. The parties were previously divorced in Finland. Id., at 425. However, \u201cFinland has a \u201cdivisible divorce\u201d process, in which the court first dissolves the marriage, followed, if necessary, by separate proceedings to determine issues related to child custody, child support, alimony, and equitable distribution.\u201d Id. The Finnish court did not resolve any equitable distribution or alimony issues. Id. Accordingly, these financial issues could be heard and resolved by a Florida trial court. The same is true for proceedings heard in other states. See Binger v. Binger, 555 So. 2d 373, 375 (Fla. 1st DCA 1989) (when a Missouri divorce judgment did not adjudicate alimony and property rights, these issues could be decided in a Florida action).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction operate a marital property regime and if so, which?  Is there a default matrimonial property regime? Are foreign property regimes recognised and if not, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida has a marital property regime based on its equitable distribution laws developed through the statutory language of \u00a7 61.075, Fla. Stat. and the guiding principles established in Florida\u2019s case law. Assets acquired and liabilities incurred during the parties\u2019 marriage are presumptively \u201cmarital\u201d, subject to certain exceptions. Upon dissolution of marriage, the premise of that property regime is that marital assets and liabilities will be equally divided. However, this is not a matrimonial property regime that parties may select because it is default upon marriage. The only way to opt out is through the execution of a valid and enforceable Premarital or Postnuptial agreement.<\/p>\n<p>Foreign property regimes will be recognized so long as they do not violate Florida\u2019s public policy. \u00a7 61.0401, Fla. Stat. specifically governs the application of foreign law in dissolution of marriage matters. \u00a7 61.0401(2) &amp; (3) state,<\/p>\n<p>\u201c(2) A court may not enforce:<\/p>\n<p style=\"padding-left: 40px\">(a) A choice of law provision in a contract selecting the law of a foreign country which contravenes the strong public policy of this state or that is unjust or unreasonable.<\/p>\n<p style=\"padding-left: 40px\">(b) A forum selection clause in a contract that selects a forum in a foreign country if the clause is shown to be unreasonable or unjust or if strong public policy would prohibit the enforceability of the clause under the specific facts of the case.<\/p>\n<p>(3) Before enforcing a judgment or order of a court of a foreign country, a court must review the judgment or order to ensure that it complies with the rule of comity. A judgment or order of a court of a foreign country is not entitled to comity if the parties were not given adequate notice and the opportunity to be heard, the foreign court did not have jurisdiction, or the judgment or order of the foreign court offends the public policy of this state. As used in this subsection, a \u201cforeign court\u201d or \u201ccourt of a foreign country\u201d includes any court or tribunal that has jurisdiction under the laws of that nation over the subject of matters governed by this chapter or chapter 88.\u201d<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are pre-nuptial and post-nuptial agreements binding? Is it different if the prenuptial or post nuptial agreement was concluded in your jurisdiction (as opposed to another jurisdiction)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Premarital Agreements and Postnuptial Agreements are binding in the State of Florida. The State of Florida has a strong public policy favoring freedom of contract and the enforcement of contracts. See City of Largo v. AHF-Bay Fund, LLC, 215 So. 3d 10, 16 (Fla. 2017).<\/p>\n<p>Premarital Agreements executed in the State of Florida must comply with \u00a7 61.079, Fla. Stat., which codifies a version of the Uniform Premarital Agreement Act. \u00a7 61.079, Fla. Stat. applies only to Premarital Agreements, and it only applies to Premarital Agreements executed on or after October 1, 2007.<\/p>\n<p>This distinction can be important if a party is attempting to vacate a Premarital Agreement because the standards to vacate are different. The legal standard for vacating Premarital Agreements executed before October 1, 2007 is based on case law, not the standard contained within \u00a7 61.079, Fla. Stat. The legal standard to vacate Postnuptial Agreements is governed by case law regardless of when the agreement was executed.<\/p>\n<p>Premarital Agreements and Postnuptial Agreements executed in other jurisdictions, whether in the United States or a foreign country, can be enforced by a Florida trial court. However, such agreements are subject to the dictates of \u00a7 61.0401, Fla. Stat., which governs the application of foreign law in Florida dissolution of marriage matters. Assuming that an agreement is valid and enforceable in the jurisdiction where it was executed and it does not violate Florida\u2019s public policy, the agreement will be enforced by a Florida trial court.<\/p>\n<p>Two limits should be noted. First, a Premarital Agreement may not adversely affect a child\u2019s right to support. See \u00a7 61.079(4)(b), Fla. Stat. Second, a waiver of the rights of a surviving spouse, such as the elective share, must be in writing and signed before two subscribing witnesses, and a waiver signed after the marriage requires fair disclosure. See \u00a7 732.702, Fla. Stat. Agreements intended to waive estate rights should be executed with these formalities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is maintenance for a child dealt with in your jurisdiction? What is the duration of a child maintenance order?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Child support in Florida is the right of the child. Child support must be ordered in all cases and may not be waived by the parents. Every Final Judgment of Dissolution of Marriage with minor children or Marital Settlement Agreement must include a Child Support Guidelines Worksheet showing the parties\u2019 incomes and calculation of child support.<\/p>\n<p>Child support is determined by a statutory calculation predominantly based upon the parents\u2019 respective net incomes and the number of overnights the child spends with each parent. This calculation determines a percentage of support each parent is responsible for and the amount of support to be paid for a child or children. After considering all relevant factors, a court may deviate from the guideline amount by up to five percent (5%). A deviation of more than five percent (5%) requires a written finding explaining why ordering payment of the guideline amount would be unjust or inappropriate. See \u00a7 61.30(1)(a), Fla. Stat. Where each parent exercises at least twenty percent (20%) of the overnights in a year, the guidelines apply a substantial time-sharing adjustment. See \u00a7 61.30(11)(b), Fla. Stat.<\/p>\n<p>In extremely high net worth cases, the statutory calculation creates a perverse result in an extreme amount of child support owed from one party to another. Through case law, courts established the concept of good fortune child support. Good fortune child support may be based on either the agreement of the parties or an amount determined in the Court\u2019s discretion, which factors in the needs of the child, the standard of living the child would enjoy, and the relative incomes of the parties. See Finley v. Scott, 707 So. 2d 1112 (Fla. 1998).<\/p>\n<p>Child support in Florida is owed until the child turns eighteen (18) years old or until the child completes high school if the child turns eighteen (18) while they are still in high school with the expectation that the child will complete high school prior to the child\u2019s nineteenth (19th) birthday. See \u00a7\u00a7 61.13(1)(a)1.a., 743.07(2), Fla. Stat. Support may also continue beyond age eighteen (18) for a child who is dependent because of a mental or physical incapacity that began before the child reached the age of majority, and since 2023 a parent may seek such support even after the child has reached the age of majority. See \u00a7 61.1255 Fla. Stat.; Ch. 2023-213, Laws of Fla.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">With the exception of child maintenance, does the court have power to make any orders for financial provision for a child, e.g. housing and\/or capital sums?  If so, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court may order exclusive use and possession of the marital home based upon a finding that it is in the children\u2019s best interest that they remain in the home throughout their minority and that the parents are financially able to do so. Additionally, based upon findings of special circumstances, the Court may order a parent to secure their child support obligation through a life insurance policy. See \u00a7 61.13(1)(c), Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cohabitation recognised and if so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Cohabitation is not recognized under Florida law absent a contracted Cohabitation Agreement. Cohabitation is not a family law construct, but is a civil contract that would require a claim in civil court, not in family court for enforcement.<\/p>\n<p>Cohabitation may nevertheless be relevant in a family law case in other ways. For example, an obligee\u2019s supportive relationship with another person is a basis to reduce or terminate alimony. See \u00a7 61.14(1)(b), Fla. Stat. In addition, unmarried parents resolve parenting and child support issues through a paternity action under Chapter 742, Florida Statutes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial claims, if any, do cohabitees have when they separate and how are such claims determined i.e. what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As cohabitation is not legally recognized in Florida, neither is separation. Statutory claims for palimony or support incident to cohabitation do not exist. Cohabitees may seek relief through civil claims such as partition to force the sale of a jointly owned property or unlawful detainer to have an invited guest in the home removed by Court Order. However, none of these claims would be brought in family court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of separated parents in relation to their children? Does it make a difference if the parents were never married?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Separated parents who are not yet officially divorced do not have a specific legal status in relation to their children. Separated parents have equal rights and should have equal access to their children. Neither parent has a superior right to timesharing or parental responsibility for their children absent a court order.<\/p>\n<p>Prior to July 1, 2023, if the parents were never married, the mother was the sole natural guardian of the child, which gave her the superior right to time-sharing and decision-making authority for the child. The father, even if listed on the child\u2019s birth certificate, was required to petition the court to obtain rights in relation to the child. Effective July 1, 2023, a father who has established paternity, whether by court order or by an acknowledgment of paternity that has become a legal establishment of paternity under \u00a7 742.10, Fla. Stat., is also a natural guardian of the child, together with the mother, unless the court determines otherwise. See \u00a7 744.301(1), Fla. Stat.; Ch. 2023-209, Laws of Fla. However, a court order is still required to establish a parenting plan, a time-sharing schedule, and child support, regardless of how paternity was established. See \u00a7\u00a7 742.011, 742.10, Fla. Stat. As a practical matter, an unmarried father should still file an action to obtain an enforceable parenting plan.<\/p>\n<p>Regardless of whether the parents were married or not, the Court\u2019s analysis and required findings for a Parenting Plan are the same.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for child arrangements\/child custody proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The jurisdictional requirements for child arrangements\/child custody proceedings are set forth in Florida Statutes 61.501-61.542, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Florida has jurisdiction to make an initial child custody determination if it is the home state of the child. The home state is where the child has resided for the six (6) months immediately preceding the filing allowing for temporary absences. If the child is under six (6) months, the home state of the child is where the child has lived since birth. In the event of an emergency, if Florida is not the home state, courts may take emergency jurisdiction under the UCCJEA to make temporary child custody determinations. However, absent an emergency, the home state provisions are strictly followed for purposes of jurisdiction.<\/p>\n<p>If no state qualifies as the home state, Florida may exercise jurisdiction if the child and at least one parent have a significant connection with Florida and substantial evidence concerning the child is available here. See \u00a7 61.514(1)(b), Fla. Stat. Temporary emergency jurisdiction is governed by \u00a7 61.517, Fla. Stat. Once Florida makes an initial determination, it generally retains exclusive, continuing jurisdiction until the child and the parents no longer have a significant connection with Florida or no longer reside here. See \u00a7 61.515, Fla. Stat.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to contact following the breakdown of a relationship? What types of orders can the court make in relation to child custody\/a child\u2019s living arrangements and what are the guiding principles?  What steps are followed to hear the voice of the child?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Florida, child orders are based upon parental responsibility or timesharing. Parental responsibility is the decision-making authority for major decisions affecting children. There is a statutory presumption that parents should have shared parental responsibility, which means they should make major decisions affecting the health and welfare of the child together. In some circumstances, where the Court finds that the parents making decisions together would be detrimental, such as a situation of domestic violence, the Court can order sole parental responsibility or ultimate decision-making authority. Sole parental responsibility grants one parent the right to make all major decisions effecting the child. Ultimate decision-making may be granted for specific issues such as non-emergency healthcare or education. Ultimate decision-making allows one parent to essentially make the decision after trying to agree with the other parent and being unable agree with that parent. Timesharing determinations relate to the child custody schedule and the child\u2019s living arrangements. Timesharing is measured by the number of overnights a child spends with each parent.<\/p>\n<p>The first order a court will typically enter is a Temporary Relief Order. This Order can set out a Temporary Parenting Plan creating a schedule for child custody and living arrangements and other parameters on parenting during the pendency of the case.<\/p>\n<p>At the conclusion of the case, either by the Court\u2019s determination or by agreement of the parties, a Parenting Plan is entered. The Parenting Plan is a document that determines the regular timesharing schedule, holiday timesharing, school designation, communication with the child, communication between parents, the child\u2019s living arrangements among other provisions. A Parenting Plan may be modified upon a showing of a substantial and material change in circumstances and that the modification is in the child\u2019s best interest. See \u00a7 61.13(3), Fla. Stat. The 2023 amendments eliminated the prior requirement that the change also be \u201cunanticipated,\u201d which lowered the burden for modification. In addition, if the parents lived more than fifty (50) miles apart when the last time-sharing order was entered, a parent\u2019s later move to within fifty (50) miles of the other parent may constitute a substantial and material change. Since July 1, 2024, a Parenting Plan must also designate the location for the exchange of the child, and where there is a risk of harm, the court may order exchanges to occur at a designated neutral safe exchange location or through a supervised visitation program. See \u00a7 61.13, Fla. Stat.; Ch. 2024-226, Laws of Fla.<\/p>\n<p>The guiding principle behind all child custody\/living arrangement determinations is the best interest of the child determined through the assessment of the twenty (20) factors set forth in \u00a7 61.13(3), Fla. Stat. For a long time, many courts favored an equal time-sharing schedule in practice, and the Legislature codified a presumption effective July 1, 2023. See Ch. 2023-301, Laws of Fla. Now there is a rebuttable presumption that equal time-sharing is in the best interest of the child, which may be rebutted only by proof by a preponderance of the evidence that equal time-sharing is not in the child\u2019s best interest. See \u00a7 61.13(2)(c), Fla. Stat. The statute does not recommend a certain schedule, but the statute presumes the child should spend an equal number of overnights with each parent.<\/p>\n<p>There are multiple steps the Court can follow to hear the voice of the child. The Court may appoint a Guardian Ad Litem or \u201cnext friend of the child\u201d pursuant to \u00a7 61.401, Fla. Stat. The powers and duties of the Guardian Ad Litem are set forth in \u00a7 61.403, Fla. Stat. The Guardian Ad Litem speaks to the child, the parents, family members, teachers and other relevant witnesses to create a report making recommendations to the Court for child custody and decision-making authority. The Guardian Ad Litem is not an attorney or advocate for the child. The Court can, however, appoint an attorney ad litem to serve this role pursuant to 61.401.<\/p>\n<p>The Court may also appoint a social investigator to conduct a neutral assessment of the family. See \u00a7 61.20, Fla. Stat. A social investigation may include not only witness interviews and home visits like a Guardian Ad Litem will report, but also scientific testing for a psychological evaluation of the parties or the children. Since July 1, 2025, a party who wishes to challenge a court-appointed psychologist must first seek to disqualify the psychologist in the family case before filing an administrative complaint. See \u00a7 61.122, Fla. Stat.; Ch. 2025-80, Laws of Fla.<\/p>\n<p>Aside from one of the appointments outlined above, courts are extremely hesitant to allow testimony of children. To have a child testify, the party must seek the Court\u2019s specific permission. See Fla. Fam. L. R. P. 12.407. However, judges traditionally do not want to involve the children or have them testify against their parents. If a judge did find the child\u2019s testimony necessary, the child\u2019s testimony would likely be taken through an in-camera interview where the judge interviews the child with a court reporter away from the parents and their respective attorneys.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules relating to the relocation of a child within and outside your jurisdiction and what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u00a7 61.13001, Fla. Stat., as it is written, specifically governs a parent&#8217;s ability to relocate, not a child\u2019s ability to relocate. Pursuant to the statute, a parent may not change his or her principal residence to a location at least fifty (50) miles from the principal residence at the time of the last order establishing or modifying time-sharing, for at least sixty (60) consecutive days, without either the written agreement of the other parent or court approval. Temporary absences for vacation, education, or health care for the child do not count. See \u00a7 61.13001(1), Fla. Stat. This statute governs relocation regardless of whether the move is within or outside of the jurisdiction so long as it is over fifty (50) miles. A relocation of less than fifty (50) miles is permissible and does not require court intervention. This is important to note as there are parts of Florida where a move of fifty (50) miles or less could be outside of the jurisdiction and other parts of the state where it could not. The statute does not specify how the fifty (50) miles is measured. Practitioners commonly measure the distance in a straight line (\u201cas the crow flies\u201d), but there is no statutory definition.<\/p>\n<p>The guiding principle in all issues regarding children is Florida is \u201cthe best interest of the child.\u201d There are twenty (20) statutory best-interest factors under \u00a7 61.13(3), Fla. Stat. Additionally, in a relocation proceeding there are additional factors set forth in \u00a7 61.13001(7), Fla. Stat. that the Court must consider in determining whether a relocation is in the child\u2019s best interest.<\/p>\n<p>There are very specific requirements as to how one petitions and responds to a Petition for Relocation. The statute sets forth pleading requirements such as the inclusion of a job offer, if one exists, and language providing notice to the opposing party of the potential consequence of their failure to respond. There are timelines set forth for responses and expedited hearings on relocation issues.<\/p>\n<p>The parent seeking to relocate bears the initial burden of proving by a preponderance of the evidence that the relocation is in the best interest of the child. If that burden is met, the burden shifts to the non-relocating parent to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child. See \u00a7 61.13001(8), Fla. Stat. There is no presumption in favor of or against a request to relocate. Even so, contested relocations are typically very challenging to obtain.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign orders for contact\/custody of children?  Does your court operate a system of mirror orders?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u00a7\u00a7 61.501-61.542, Fla. Stat. codify the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA sets forth the process for registration and domestication of a foreign order including the process for filing the order, what information must be included and notice requirements to the other party and an expedited timeline for hearing. Upon completion of the requirements and without contest from the opposing party, the registration will be confirmed as a matter of law in Florida. Upon completion of that process that foreign order is recognized and may thereafter be enforced in Florida. The statute goes on to specify the requirements for a petition for enforcement of a child custody determination, service of the petition, and the subsequent hearing and order. This is a very specific codified process that is clearly laid out to allow for compliance and expedited relief.<\/p>\n<p>A child custody determination made in a foreign country under factual circumstances in substantial conformity with the UCCJEA is recognized and enforced in the same manner as a determination of another state. See \u00a7 61.506, Fla. Stat. Florida does not have a formal system of mirror orders. However, a party may register a foreign order under \u00a7 61.528, Fla. Stat., or ask a Florida court to enter an order incorporating the terms of a foreign order, and the UCCJEA permits Florida courts to communicate directly with courts in other jurisdictions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position on international abduction? Is your jurisdiction a signatory of The Hague Convention on the Civil Aspects of International Child Abduction 1980?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The United States, and therefore Florida, is a party to The Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereinafter \u201cHague Convention\u201d). The Hague Convention has been in force for the United States since July 1, 1988, and it is implemented by the International Child Abduction Remedies Act (\u201cICARA\u201d), 22 U.S.C. \u00a7 9001 et seq. Florida Courts expedite actions for international child abduction pursuant to the Hague Convention. State and federal courts have concurrent original jurisdiction, and the petition must be filed where the child is located. See 22 U.S.C. \u00a7 9003. Many practitioners prefer federal court for Hague petitions, although both state and federal courts are expected to act expeditiously. It is important to note that the defenses as they are written under Hague Convention are honored in Florida Courts. Although Florida\u2019s standard for decisions relating to children is the best interest of the child, that standard does not govern a Hague Convention proceeding, which determines only whether the child should be returned to the country of habitual residence. The U.S. Supreme Court has held that habitual residence depends on the totality of the circumstances, see Monasky v. Taglieri, 589 U.S. 68 (2020), and that a court is not categorically required to consider ameliorative measures before denying return under the grave risk exception, see Golan v. Saada, 596 U.S. 666 (2022).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the status of surrogacy arrangements and are surrogates permitted to be paid? Is surrogacy available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Gestational surrogacy is permitted and regulated under \u00a7 742.15, Fla. Stat. The commissioning couple must be legally married and both must be eighteen (18) years of age or older, and the gestational surrogate must also be eighteen (18) years of age or older. Section 742.13 defines the \u201ccommissioning couple\u201d as the \u201cintended mother and father\u201d of the child. Although the statute has been applied to same-sex married couples following Obergefell, the gendered statutory language has not been amended, and practitioners should address the issue carefully. The contract is binding and enforceable only if a physician determines within reasonable medical certainty that the commissioning mother cannot physically gestate a pregnancy to term, or that gestation will cause a risk to the physical health of the commissioning mother or to the health of the fetus. The contract must provide that the commissioning couple will accept custody of the child upon birth and that the gestational surrogate will relinquish her parental rights upon birth if one or both commissioning parents are genetic parents of the child. Surrogates may receive payment only for reasonable living, legal, medical, psychological, and psychiatric expenses directly related to the pregnancy and postpartum period. Additional compensation is prohibited by statute. Effective July 1, 2026, a gestational surrogacy contract may not be entered into in Florida if any party is a citizen or resident of a \u201cforeign country of concern\u201d as defined in \u00a7 286.101(1), Fla. Stat., and any such contract is void and unenforceable. See \u00a7 742.15(1)(b), Fla. Stat.; Ch. 2026-66, Laws of Fla.<\/p>\n<p>Individuals and unmarried couples may not use the gestational surrogacy statute. Traditional surrogacy, in which the surrogate is genetically related to the child, is addressed through a preplanned adoption agreement under \u00a7 63.213, Fla. Stat. That statute is also drafted in terms of an \u201cintended father\u201d and \u201cintended mother,\u201d and the same foreign-country-of-concern restriction applies. See \u00a7 63.213(2)(a), Fla. Stat. As a result, surrogacy options for single individuals and unmarried cohabiting couples are limited and require careful structuring.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida law permits adoption by both same-sex and opposite-sex married couples. Florida\u2019s former statutory ban on adoption by homosexual persons was held unconstitutional in Fla. Dep\u2019t of Child. &amp; Fams. v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010), and was repealed in 2015. See Ch. 2015-130, Laws of Fla. Under \u00a7 63.042(2), Fla. Stat., a husband and wife may adopt jointly, an unmarried adult may adopt individually, and a married person may adopt without the other spouse joining in limited circumstances, such as a stepparent adoption. Unmarried cohabiting couples may not file a joint petition to adopt. Typically, one partner adopts individually, and Florida has no statutory procedure for a second-parent adoption by an unmarried partner. However, second-parent adoptions validly granted in other states are entitled to full faith and credit. See Embry v. Ryan, 11 So. 3d 408 (Fla. 2d DCA 2009). In adoption proceedings, like other Florida custody determinations, the Court\u2019s focus is on the best interest of the child.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What forms of non-court dispute resolution (including mediation) are available in your jurisdiction? Is non-court dispute resolution mandatory? What is the status of agreements reached via NCDR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mediation is the most commonly used form of non-court dispute resolution. Most circuits across the state require parties to attend at least one (1) mediation prior to setting a matter for trial. Many circuits also require a mediation before the Court will hear a request for temporary support or attorney\u2019s fees for the pendency of the litigation.<\/p>\n<p>Family mediation is governed by \u00a7 44.102, Fla. Stat. and Florida Family Law Rule of Procedure 12.740. Since July 1, 2024, parties must inform the court of any domestic violence injunctions or convictions, and certain matters, including Title IV-D child support cases, post-judgment contempt and enforcement proceedings, and injunction extensions or modifications, may not be referred to mediation absent good cause or the parties\u2019 consent. Any agreement reached at mediation must be reduced to writing and signed by the parties.<\/p>\n<p>Other than mediation in Florida, both collaborative law and arbitration are forms of non-court dispute resolution. The collaborative process brings together the parties, their attorneys, and a team of neutrals to settle a divorce action outside of court. This process has specific requirements which have been outlined and codified in Florida Statutes 61.55-61.58. The parties cannot be required to engage in the collaborative process. Parties must sign a contract and agree to engage in the collaborative process.<\/p>\n<p>Arbitration may be a binding or non-binding process in which the parties submit their case to an arbitrator to decide the issues. Non-binding arbitration is exactly as it sounds; either party may reject the arbitrator\u2019s decision and proceed to trial. Voluntary binding arbitration requires the agreement of the parties. See \u00a7 44.104, Fla. Stat. Binding arbitration may not be used to resolve disputes involving child custody, visitation, or child support. See \u00a7 44.104(14), Fla. Stat. Therefore, arbitration is a much less commonly utilized form of non-court dispute resolution in family cases.<\/p>\n<p>Agreements reached by the parties in the collaborative process or through mediation are valid contracts. Florida law promotes the freedom to contract. Therefore, so long as the agreement complies with the requirements of Florida law, the agreement will generally be ratified by the Court and enforced. However, provisions concerning children, including parenting plans and child support, remain subject to the Court\u2019s independent review of the child\u2019s best interest.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which areas of family law are likely to see reform in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the past few years there have been several significant reforms in Florida family law. In 2023, the Legislature abolished permanent alimony and restructured alimony and its modification (Ch. 2023-315), created a rebuttable presumption of equal time-sharing and eased the standard for modifying parenting plans (Ch. 2023-301), and granted natural guardian status to unmarried fathers who establish paternity (Ch. 2023-209). In 2024, the Legislature amended the equitable distribution statute to address business goodwill, nonmarital real property, and interim partial distributions (Ch. 2024-237), and required parenting plans to designate exchange locations (Ch. 2024-226). In 2025 and 2026, the changes have been more targeted, including new procedures for challenging court-appointed psychologists (Ch. 2025-80), expanded domestic violence protections (Ch. 2026-86), and restrictions on surrogacy and preplanned adoption agreements involving foreign countries of concern (Ch. 2026-66). With so much recent reform, sweeping changes are less likely in the immediate future. However, child support remains an issue ripe for debate. The child support guidelines schedule in \u00a7 61.30, Fla. Stat. has not been comprehensively updated in many years, and parents on both sides regularly advocate for change.<\/p>\n<p>Another potential area for reform in Florida is the discovery process and how information is obtained from the opposing party or non-parties to a case. Effective January 1, 2025, the Florida Supreme Court amended the Florida Rules of Civil Procedure to impose proportionality limits and initial disclosure obligations, but it has not adopted parallel amendments to the Florida Family Law Rules of Procedure. Practitioners should watch for similar changes to the family law discovery rules. In the meantime, effective October 1, 2025, a party issuing a subpoena in a family case must serve and file a notice of issuance, with an unexecuted copy of the subpoena, on the same day the subpoena is issued. See Fla. Fam. L. R. P. 12.410(a)(2).<\/p>\n<p>Attorney\u2019s fees awards and considerations for vexatious litigation are heavily discussed in Florida case law which may lead to a codified amendment to the current attorney\u2019s fees statutes. In the 2026 session, a bill to amend the attorneys\u2019 fees provisions of \u00a7\u00a7 61.16 and 742.045, Fla. Stat. (HB 413) passed the House unanimously but died in the Senate, and similar legislation may be refiled.<\/p>\n<p>Another consideration for issues that may be subject to reform is deeply connected to the political climate in the United States overall and in Florida specifically. There has been national discussion of revisiting the constitutional right to same-sex marriage. However, the U.S. Supreme Court declined to take up that question in November 2025, and the federal Respect for Marriage Act would continue to require recognition of same-sex marriages validly entered into in other states even if Obergefell were overturned. Other recurring proposals in the Florida Legislature include expanded grandparent visitation rights, priority hearings on time-sharing, and comprehensive regulation of surrogacy and assisted reproduction, none of which passed in the 2026 session.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are family proceedings conducted in private? Is the press allowed to attend hearings? Are judgments made public?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Florida has a strong constitutional and statutory policy favoring public access, and court proceedings, including family proceedings, are generally open to the public and the press. See Art. I, \u00a7 24, Fla. Const.; Fla. R. Gen. Prac. &amp; Jud. Admin. 2.420. It should be noted that adoption proceedings are private by law. See \u00a7 63.162, Fla. Stat. Certain other information is confidential by rule, and filers must protect sensitive information such as social security and financial account numbers. See Fla. R. Gen. Prac. &amp; Jud. Admin. 2.420, 2.425. Judges, in their discretion, may hold hearings in their chambers for privacy purposes. Judges may also conduct final hearings dissolving the marriage by sworn affidavit avoiding the requirement for the parties to appear in court and therefore avoiding appearing \u201cin public\u201d.<\/p>\n<p>Parties may seek to have their agreements kept out of the court file based on precedent set by Florida case law. However, the Final Judgment itself is generally public information as well. Though, the Final Judgment may be written in a manner to minimize the disclosure of sensitive information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does relationship breakdown impact death and estate planning?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Florida law, a surviving spouse has a right to an \u201celective share\u201d. An \u201celective share\u201d is a share of the elective estate of the deceased spouse equal to thirty percent (30%) of the elective estate. See \u00a7 732.2065, Fla. Stat. Upon divorce, a former spouse no longer has this right. Until a final judgement is entered dissolving the marriage by Court Order, if one party dies during the divorce proceedings, the parties remain married and the right to the elective share is still available to the surviving spouse. It should be noted that parties are able to contract away their right to the elective share in a Premarital or Postnuptial Agreement, provided the waiver complies with \u00a7 732.702, Fla. Stat. Additionally, parties may contract to not serve as Executors of a former spouse\u2019s Will or as Personal Representatives of a former spouse\u2019s estate in their Marital Settlement Agreement.<\/p>\n<p>Divorce also has automatic effects on estate planning documents. Upon dissolution, any provision of a will that affects the former spouse is void, and the will is administered as if the former spouse had died at the time of the dissolution, unless the will expressly provides otherwise. See \u00a7 732.507(2), Fla. Stat. Similarly, a designation of a former spouse as beneficiary of certain nonprobate assets, such as life insurance policies, annuities, and individual retirement accounts, is void upon dissolution for decedents dying on or after July 1, 2012. See \u00a7 732.703, Fla. Stat. However, \u00a7 732.703 does not apply where federal law controls, such as ERISA-governed plans and federal employee life insurance. See Egelhoff v. Egelhoff, 532 U.S. 141 (2001); Hillman v. Maretta, 569 U.S. 483 (2013). Because the parties remain married until a final judgment is entered, clients should review their estate planning documents and beneficiary designations while the case is pending, subject to any standing or temporary orders restricting such changes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">10739<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/153600","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=153600"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}