Top 5 Myths About Florida Divorces

Divorce is never easy, and misunderstandings about the process can make it even more challenging. Florida, like any other state, has unique laws and regulations governing divorce. Unfortunately, these nuances often give rise to myths that can mislead individuals during one of the most difficult times of their lives. Let’s debunk five myths about divorces in Florida.

Myth #1: Florida is a “50/50” State, So Everything is Divided Equally

While Florida is an “equitable distribution state,” this does not mean assets are split evenly down the middle. Instead, the court divides marital property in a way that is deemed fair, which may not always be equal. Factors such as the length of the marriage, each spouse’s financial situation, contributions to the marriage, and future needs are considered.

Myth #2: Adultery Guarantees a Financial Advantage

Although adultery can play a role in divorce proceedings, it’s not a decisive factor in Florida. The court may consider infidelity only if it had a financial impact on the marriage, such as when marital funds were spent on an affair. Otherwise, Florida’s no-fault divorce system means that proving adultery generally has minimal influence on property division or alimony.

Myth #3: Mothers Always Get Custody of the Children

This is one of the most pervasive myths in divorce law. Florida courts prioritize the best interests of the child and do not favor one parent over the other based on gender. Both parents are encouraged to share parental responsibilities unless there are clear reasons, such as abuse or neglect, that make one parent unfit.

Myth #4: You Have to Go to Court to Finalize a Divorce

Many people assume that court battles are inevitable, but that’s far from true. In Florida, divorces can often be settled through mediation or collaborative divorce processes. These alternatives are not only less adversarial but also faster and more cost-effective. Only cases involving disputes over major issues usually require court intervention. Most court proceedings are not conducted via zoom, and even for a trial it may not be necessary physically come to court.

Myth #5: Alimony is Always Permanent

Contrary to popular belief, permanent alimony does not exist for new divorces in Florida. The Legislature ended permanent alimony in 2023 for new Florida divorces. Florida courts offer several types of alimony, including bridge-the-gap, rehabilitative, durational, and long-term alimony. The type and duration depend on factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage.

Conclusion

Understanding the realities of Florida divorce laws can help dispel misconceptions and empower you to make informed decisions. Divorce is a deeply personal process, and working with an experienced professional can ensure your rights are protected. If you’re navigating a divorce in Florida, don’t let these myths misguide you—call Jared Dokovna today to discuss your options.