Florida Family Law Glossary
Most of these terms are defined by statute — property in Fla. Stat. § 61.075(6), time-sharing in § 61.13(2)(c)1., alimony in § 61.08(1)(a), child support in § 61.30(11)(b)8..
Plain-English definitions of the Florida family law terms you’ll hear in a divorce, custody, or agreement matter — with citations to the Florida Statutes and links to deeper guides.
A
Alimony
Court-ordered financial support paid by one spouse to the other after divorce. Florida recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony under Fla. Stat. § 61.08. The 2023 reforms eliminated permanent alimony for new cases and capped durational alimony based on marriage length.
B
Best Interests of the Child
The legal standard Florida courts use to decide custody and time-sharing disputes under Fla. Stat. § 61.13(3). The statute lists 20+ factors including each parent's capacity to facilitate the child's relationship with the other parent, parental responsibilities, moral fitness, mental and physical health, and the child's preferences.
Bridge-the-Gap Alimony
A short-term form of Florida alimony designed to help a spouse transition from married to single life. Capped at two years and not modifiable, bridge-the-gap covers identifiable short-term needs like security deposits or short-term living expenses.
C
Child Support
Court-ordered financial support paid by one parent to the other for a child's needs. Florida uses the Income Shares Model under Fla. Stat. § 61.30, which considers both parents' incomes, the number of overnights with each parent, health insurance, and child care.
Collaborative Divorce
A non-adversarial divorce process where both spouses and their attorneys agree in writing to resolve all issues without going to court. If the process fails, both attorneys must withdraw, creating incentive to settle. Governed in Florida by Fla. Stat. Chapter 61, Part III.
Common Law Marriage
A marriage created by agreement and cohabitation rather than by licence and ceremony. Florida no longer creates them: Fla. Stat. § 741.211 provides that no common-law marriage entered into after January 1, 1968 is valid. Florida will still recognise one validly formed in a state that permits it, and pre-1968 Florida common law marriages remain valid. See common law marriage in Florida.
Contested Divorce
A divorce where the spouses disagree on one or more issues — typically property division, alimony, child custody, or child support. Contested divorces often involve litigation, discovery, mediation, and sometimes trial. They are slower and more expensive than uncontested divorces.
Custody
In Florida, what other states call 'custody' is divided into two concepts: parental responsibility (decision-making authority) and time-sharing (the physical schedule with each parent). Florida courts presume shared parental responsibility unless it would be detrimental to the child.
D
Durational Alimony
A form of Florida alimony providing economic assistance for a set period. Under the 2023 reforms, durational alimony cannot exceed 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10–20 years), or 75% of a long-term marriage (20+ years).
E
Equitable Distribution
Florida's system for dividing marital assets and debts in divorce under Fla. Stat. § 61.075. The court starts with the presumption of equal (50/50) distribution and adjusts based on factors like each spouse's contribution, economic circumstances, and any waste or dissipation of marital assets.
F
Filing Fee
The court cost to open a divorce case in Florida. As of 2026, the filing fee in Miami-Dade is approximately $409, with additional fees for service of process ($40–$75) and any motions filed during the case.
Final Judgment of Dissolution of Marriage
The court order that officially ends a Florida marriage. It typically includes the property division, alimony, parenting plan, time-sharing schedule, and child support obligations. The final judgment is enforceable and can only be modified through court action.
Forensic Accountant
A specialized accountant who investigates financial records in divorce cases. Forensic accountants are commonly used in high-net-worth divorces to value businesses, trace hidden assets, identify dissipation, and analyze cash-flow patterns for support calculations.
G
Guardian ad Litem
A court-appointed neutral representative for a child in custody or other family law matters. The Guardian ad Litem investigates the case, interviews the child and others, and makes a recommendation to the court about what is in the child's best interests.
H
High-Net-Worth Divorce
A divorce involving significant or complex assets — typically including business interests, real estate portfolios, executive compensation (stock options, RSUs), retirement plans, trusts, or assets held offshore. These cases require valuation experts and specialized tax planning.
I
Irretrievably Broken
The legal standard for divorce in Florida under Fla. Stat. § 61.052. Florida is a no-fault state — neither spouse must prove wrongdoing. One spouse stating the marriage is 'irretrievably broken' is sufficient grounds for divorce.
M
Marital Asset
Property acquired by either spouse during the marriage, regardless of which spouse holds title. Under Fla. Stat. § 61.075, marital assets include income, real estate purchased during marriage, retirement contributions during marriage, and the increase in value of non-marital assets due to marital effort.
Mediation
A confidential settlement process where a neutral mediator helps divorcing spouses reach an agreement. Most Florida circuits require mediation before a contested divorce can go to trial. Mediation is typically less expensive, faster, and less stressful than litigation.
Modification
A court-ordered change to a prior final judgment regarding alimony, child support, time-sharing, or parental responsibility. The party seeking modification must prove a substantial, material, and unanticipated change in circumstances since the original order.
N
Name Restoration
A court order restoring a spouse’s former name — a birth or maiden name, or a surname from an earlier marriage. It must be requested in the dissolution and included in the final judgment; Fla. Stat. § 68.07(9) removes divorce cases from the general change-of-name statute, and § 68.07(2)(a) exempts a restoration from the fingerprint and criminal history records check. See restoring a former name after a Florida divorce.
Non-Marital Asset
Property owned by one spouse separately. Under Fla. Stat. § 61.075, non-marital assets include property owned before the marriage, gifts and inheritances to one spouse, and assets excluded by a valid prenuptial or postnuptial agreement. Non-marital assets are not subject to equitable distribution.
P
Parental Responsibility
The legal authority to make major decisions about a child's upbringing — including education, healthcare, religion, and discipline. Florida courts presume 'shared parental responsibility' unless evidence shows it would be detrimental to the child.
Parenting Plan
A required document in any Florida custody case that specifies how parents will share decision-making, the time-sharing schedule (including holidays and school breaks), communication methods, transportation, and other parenting matters under Fla. Stat. § 61.13.
Permanent Alimony
Alimony with no set end date. Florida eliminated permanent alimony for divorces filed on or after July 1, 2023. Existing permanent alimony orders remain enforceable. Current Florida law caps alimony duration based on the length of the marriage.
Postnuptial Agreement
A written contract between spouses entered into during the marriage that addresses property division, alimony, and other financial matters. Postnuptial agreements must meet the same fairness and disclosure standards as prenuptial agreements under Fla. Stat. § 61.079.
Prenuptial Agreement
A written contract entered into before marriage that addresses property rights, alimony, and inheritance. Florida prenuptial agreements are governed by Fla. Stat. § 61.079 and require full financial disclosure, voluntary execution, and substantive fairness to be enforceable.
Process Server
An individual authorized to deliver legal documents (including the petition for divorce) to the responding spouse. Florida requires personal service in most cases, and the process server's affidavit is filed with the court as proof of service.
Q
QDRO (Qualified Domestic Relations Order)
A specialized court order required to divide certain retirement accounts (such as 401(k)s and pension plans) in a divorce without triggering early-withdrawal penalties or taxes. QDROs are governed by federal ERISA law in addition to Florida divorce law.
R
Rehabilitative Alimony
Alimony designed to help a spouse become self-supporting by completing education, training, or skill-building. Rehabilitative alimony requires a specific, written plan and is limited to the time needed to complete the plan, generally up to 5 years.
Residency Requirement
Florida law requires that one spouse must have lived in Florida for at least 6 months before filing for divorce under Fla. Stat. § 61.021. Proof typically includes a Florida driver's license, voter registration, or testimony of a corroborating witness.
S
Service of Process
The formal legal delivery of divorce papers (petition and summons) to the responding spouse. Florida requires personal service in most cases, completed by a sheriff or certified process server. The respondent then has 20 days to file a response.
T
Time-Sharing
Florida's term for the physical schedule a child spends with each parent — what other states call 'physical custody' or 'visitation.' Time-sharing is set in a parenting plan and considered in child support calculations under Fla. Stat. § 61.30.
U
Uncontested Divorce
A divorce where both spouses agree on all issues — property division, alimony, child custody, child support, and parenting plan. Uncontested divorces are faster (often 30–60 days in Florida) and significantly less expensive than contested cases.
Where does Florida law define these family-law terms?
Most of the terms above are not editorial coinages — they are defined in the Florida Statutes. Here are the statutory definitions, quoted, with the pinpoint provision for each.
How does § 61.075(6)(b) define nonmarital property?
“Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.” — Fla. Stat. § 61.075(6)(b)1.
The remaining categories in § 61.075(6)(b) are separate gifts, bequests, devises and descent; income from nonmarital assets unless treated as marital; assets excluded “by valid written agreement of the parties”; liabilities from forgery; and separately inherited real property not retitled as tenants by the entireties.
How does § 61.075(6)(a) define marital property?
“The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.” — Fla. Stat. § 61.075(6)(a)1.b
Also marital: assets acquired and liabilities incurred during the marriage (1.a); the coverture-fraction share of passive appreciation on a mortgaged nonmarital property (1.c); interspousal gifts (1.d); retirement and deferred-compensation benefits accrued during the marriage (1.e); and marital interests in a closely held business (1.f).
What is “equitable distribution” — § 61.075(1)?
“the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)
What is “time-sharing” and the equal time-sharing presumption — § 61.13(2)(c)1.?
“there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child” — Fla. Stat. § 61.13(2)(c)1.
Florida replaced “custody” and “visitation” with “parental responsibility” and a “time-sharing schedule.” The required contents of a parenting plan are listed in § 61.13(2)(b), and the best-interests factors in § 61.13(3).
What is a “substantial amount of time” — § 61.30(11)(b)8.?
“‘substantial amount of time’ means that a parent exercises time-sharing at least 20 percent of the overnights of the year” — Fla. Stat. § 61.30(11)(b)8.
73 overnights a year. It is the trigger for the child support gross-up in § 61.30(11)(b).
What are the four forms of alimony — § 61.08(1)(a)?
“the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable” — Fla. Stat. § 61.08(1)(a)
“Permanent alimony” no longer appears. Marriage-length categories are defined by rebuttable presumption in § 61.08(5): short-term under 10 years, moderate-term 10 to 20, long-term 20 or longer.
What is a “premarital agreement” — § 61.079(3)?
“A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.” — Fla. Stat. § 61.079(3)
What is a “mediation communication” — § 44.405(1)?
“Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel.” — Fla. Stat. § 44.405(1)
Related terms: court referral to mediation is § 44.102(2)(c) and § 61.183; civil remedies for breach are § 44.406.
Which other statutes define the terms on this page?
Residency — § 61.021 (6 months). Irretrievable breakdown — § 61.052. The 20-day bar on a final judgment — § 61.19. Qualified domestic relations orders and retirement plan division — § 61.076. Modification — § 61.14. Attorney’s fees — § 61.16 (see Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)). Relocation — § 61.13001 (50 miles, 60 days). Interstate custody jurisdiction — the UCCJEA, §§ 61.501–61.542. Paternity — chapter 742.
Primary sources: Fla. Stat. § 61.075 · Fla. Stat. § 61.13 · Florida Courts — Family Courts
Frequently asked definition questions
What is the legal difference between marital and nonmarital property in Florida?
Marital property is defined in Fla. Stat. § 61.075(6)(a) and includes assets acquired during the marriage, active appreciation of nonmarital assets, interspousal gifts, retirement benefits accrued during the marriage and marital interests in a closely held business. Nonmarital property is defined in § 61.075(6)(b) and includes property owned before the marriage, separate gifts and inheritances, and anything “excluded from marital assets and liabilities by valid written agreement of the parties.” Only marital property is divided.
Does Florida still use the words custody and visitation?
No. Florida uses “parental responsibility,” “parenting plan” and “time-sharing schedule.” § 61.13(2)(b) lists what a parenting plan must contain, and § 61.13(2)(c)1. establishes the rebuttable presumption that equal time-sharing is in the child’s best interests, effective 1 July 2023.
What is a coverture fraction in a Florida divorce?
It is the formula that splits passive appreciation on a mortgaged nonmarital property. § 61.075(6)(a)1.c provides that the marital share “is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage.” The numerator is the marital principal paid on the notes and mortgages; the denominator is the property’s value at marriage, acquisition or first encumbrance, whichever is later.
What does “irretrievably broken” mean in a Florida divorce?
It is the no-fault ground in Fla. Stat. § 61.052. Neither spouse must prove adultery, cruelty or any other misconduct; one party’s testimony that the marriage is irretrievably broken is enough. Residency under § 61.021 (6 months) is a separate requirement, and § 61.19 bars a final judgment until at least 20 days after filing.
Are mediation communications privileged in Florida?
Yes. § 44.405(2) gives a mediation party “a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.” § 44.405(1) imposes the separate duty of confidentiality, subject to the exceptions in § 44.405(4).
Have Questions About a Florida Family Law Term?
Schedule a confidential consultation with Nadia Pazos to discuss how these concepts apply to your situation.
Schedule a ConsultationThis glossary is for general informational purposes only and does not constitute legal advice. Florida family law is fact-specific. Reading this page does not create an attorney-client relationship with Pazos Law Group.