Florida Family Law Statutes — Plain-Language Guides
Quick Answer
Which Florida statutes govern divorce and family law?
Chapter 61 of the Florida Statutes. The provisions that decide most cases are § 61.021 (six-month residency), § 61.052 (no-fault grounds), § 61.075 (equitable distribution of marital assets), § 61.076 (retirement plans), § 61.079 (premarital agreements), § 61.08 (alimony, substantially rewritten in 2023), § 61.13 (time-sharing and parental responsibility), and § 61.30 (child support guidelines).
Florida family law is concentrated in chapter 61 of the Florida Statutes. Each guide below explains one statute in plain English, with case-law context and practical implications. The text of each statute is also available on Online Sunshine, the official Florida Legislature website.
Which Statutes Govern Parenting, Time-Sharing & Children?
Fla. Stat. § 61.13 — Does Florida Presume 50/50 Time-Sharing?
The central statute on parenting plans, time-sharing, parental responsibility, and the best-interests standard. Covers the 2023 equal time-sharing presumption (SB 1416), the 20 best-interests factors, parenting plan requirements, modification standards, and enforcement.
Fla. Stat. § 61.30 — How Is Florida Child Support Calculated?
The Florida child support statute. Covers the income-shares calculation, the 73-overnight time-sharing gross-up, the definition of income (§ 61.30(2)), imputed income for unemployed parents, the high-income cap and percentage formula (§ 61.30(1)(a)), the 11 statutory deviation bases, modification under § 61.14, and the full enforcement toolkit (Income Deduction Orders, license suspension, contempt).
Fla. Stat. § 61.13001 — When Do You Need Permission to Move With a Child?
The Florida child relocation statute. Covers the 50-mile and 60-day triggers, the two lawful paths (written agreement vs. petition), the 11 statutory factors, the 20-day objection deadline, temporary relocation, international relocation under the Hague Convention, and the consequences of unauthorized moves.
Which Statutes Govern Alimony & Property Division?
Fla. Stat. § 61.08 — How Long Can Alimony Last After the 2023 Reform?
The Florida alimony statute as restructured by SB 1416, effective July 1, 2023. Covers the elimination of permanent alimony, the four surviving types (bridge-the-gap, rehabilitative, durational, temporary), the 50/60/75% duration caps for short/moderate/long-term marriages, the 35% net-income amount cap, the 10 statutory factors, and modification standards.
Fla. Stat. § 61.075 — How Is Property Divided in a Florida Divorce?
How Florida divides marital property in divorce. Covers marital vs. non-marital classification, the 10 statutory factors, valuation date selection, treatment of business interests (including the Thompson personal-vs-enterprise goodwill rule), retirement accounts and QDROs, the marital home, dissipation of assets, and prenuptial enforcement.
Fla. Stat. § 61.075(1)(i) — What If a Spouse Drained or Hid Marital Money?
The dissipation factor, read closely. Covers the verbatim text of § 61.075(1)(i) and its 2-year lookback before filing, the “intentional” requirement and what is not dissipation, proof through Fla. Fam. L. R. P. 12.285 mandatory disclosure (bank, brokerage and virtual-currency records), the unequal-distribution remedy under § 61.075(1) and the written findings required by § 61.075(3).
Fla. Stat. § 61.076 — How Is Retirement Divided in a Florida Divorce?
The retirement-division statute. Covers the vested-and-nonvested rule of § 61.076(1), the six plan categories it names (retirement, pension, profit-sharing, annuity, deferred compensation and insurance), the military 10/10 findings required by § 61.076(2)(a)–(c), and the monthly-payment limit of § 61.076(3).
Which Statute Governs Prenuptial Agreements?
Fla. Stat. § 61.079 — When Is a Florida Prenup Enforceable?
Florida’s Uniform Premarital Agreement Act. Covers the writing and signature formalities of § 61.079(3), what a prenup can and cannot address under § 61.079(4)(a)–(b), amendment and revocation under § 61.079(6), and the enforceability defenses in § 61.079(7).
Which Statutes Govern Filing, Procedure & Fees?
Fla. Stat. §§ 61.021, 61.052 & 61.19 — What Do You Need to File for Divorce?
The three statutes that qualify, ground and time a Florida dissolution: the six-month residence requirement of § 61.021, the irretrievably-broken and mental-incapacity grounds of § 61.052(1), the four permitted residency proofs in § 61.052(2), the up-to-3-month reconciliation continuance in § 61.052(2)(b)2., and the 20-day delay before judgment under § 61.19.
Fla. Stat. § 61.16 — Who Pays Attorney’s Fees in a Florida Divorce?
The fee-shifting statute for family cases. Covers the financial-resources standard of § 61.16(1), the litigation-conduct factors from Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the bar on awards to an unjustified noncompliant party, appellate fees, Title IV-D limits, and contempt fees under § 61.16(2).
Fla. Stat. § 44.405 — Is Florida Mediation Confidential?
The Mediation Confidentiality and Privilege Act. Covers the confidentiality duty in § 44.405(1), the party privilege in § 44.405(2), the six exceptions in § 44.405(4)(a), the signed-agreement carve-out, the discovery rule of § 44.405(5), civil remedies and limitation periods under § 44.406, and the family-law overlay in § 61.183.
Fla. Stat. § 61.14 — How Do I Modify Child Support or Alimony?
The modification and enforcement statute. Covers the changed-circumstances standard of § 61.14(1)(a), retroactivity to the filing date, the mandatory supportive-relationship reduction in § 61.14(1)(b), retirement under § 61.14(1)(c), the contempt ability-to-pay presumption of § 61.14(5)(a), 15-day delinquency judgments under § 61.14(6), and termination at 18 under § 61.14(9).
Fla. Stat. § 61.1301 — Is Child Support Taken From My Paycheck?
Income deduction orders and license suspension. Covers the mandatory separate order in § 61.1301(1)(a), the 20 percent arrears add-on of § 61.1301(1)(b)2., the federal cap in 15 U.S.C. § 1673(b), employer duties and penalties under § 61.1301(2)(e) and (2)(j), the 15-day mistake-of-fact contest, and the two 30-day notices required by § 61.13015.
Fla. Stat. ch. 742 — How Is Paternity Established in Florida?
Chapter 742, Determination of Parentage. Covers who may file under § 742.011, acknowledgments and the 60-day rescission window of § 742.10(1), the rule in § 742.10(5) that a parenting plan requires a § 742.011 action, the 95 percent DNA presumption of § 742.12(4), birth expenses and the default time-sharing rule of § 742.031(2), and disestablishment under § 742.18.
Fla. Stat. § 741.30 — How Do I Get a Restraining Order in Florida?
The domestic violence injunction statute. Covers standing under § 741.30(1)(a), the prohibited filing fee of § 741.30(2)(a), petition requirements in § 741.30(3), ex parte relief limited to 15 days by § 741.30(5)(c), the eleven factors of § 741.30(6)(b), firearm restrictions under § 790.233, and enforcement under § 741.31.
See also these related resources:
- Florida Alimony Calculator (2026) — estimates type, maximum duration, and amount under Fla. Stat. § 61.08 (2023 reform)
- Florida Child Support Calculator — income-share method with time-sharing gross-up under Fla. Stat. § 61.30
- Florida Alimony: The 4 Types After 2023 Reform — blog post
- Florida Equitable Distribution Explained — blog post
Related Practice Areas
Who Writes These Statute Guides?
Each statute guide is written by Nadia Pazos, founder of Pazos Law Group. Nadia has practiced Florida family law since 2005, holds the AV Preeminent rating from Martindale-Hubbell, and is licensed in both Florida and New York. These guides are informational and reflect Florida law as of the date listed on each page; they are not a substitute for legal advice tailored to your specific situation.
Speak with a Florida Family Law Attorney
Pazos Law Group offers confidential consultations on divorce, parenting plans, alimony, child support, and complex family law matters across Miami-Dade, Broward, and Palm Beach.
Schedule a Confidential ConsultationThe information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.