What is a Wife Entitled to in a Divorce in Florida?
Divorce can be one of the most difficult and emotional transitions in a person’s life, especially when it involves dividing assets, determining alimony, and figuring out child custody. If you’re a woman going through a divorce in Florida, understanding your legal rights is crucial to protecting your financial future and personal well-being.
At RTRLAW, our experienced family law attorneys help women across Florida navigate divorce with strength, clarity, and confidence. Whether your marriage lasted 2 years or 20, you have rights, and we’re here to help uphold them.
Does Florida Favor One Spouse Over the Other in Divorce?
Florida is a no-fault and equitable distribution state. That means courts don’t automatically favor either spouse based on gender. Instead, they aim to divide assets fairly, not necessarily 50/50, based on a variety of factors.
However, certain realities may affect a wife’s financial needs, such as taking time off work to raise children or earning less than a spouse. Courts may take this into account when awarding support or dividing property.
Florida courts aim to be fair to both parties, but that doesn’t mean equal. Your personal circumstances, including your role in the marriage, matter.
What Assets and Support is a Wife Entitled to After a Florida Divorce?
While each divorce is unique, a wife in Florida may be entitled to the following:
- Equitable share of marital assets and debts: This includes homes, retirement accounts, vehicles, and other property acquired during the marriage.
- Alimony (spousal support): This is often based on financial need and the other spouse’s ability to pay.
- Child custody and support: Shared parental responsibility is the default in Florida, but courts prioritize the child’s best interests.
- Attorney’s fees: If there is a significant income disparity, the higher-earning spouse may be ordered to cover some or all of the other’s legal costs.
You are not alone, and you are not powerless. Florida law is designed to ensure that both spouses are treated fairly, especially if you’ve made sacrifices for the benefit of your family.
How Long Do You Have to Be Married to Get Half of Everything?
Contrary to popular belief, there’s no specific length of time you must be married in Florida to be entitled to a share of marital assets. However, the length of the marriage does play a role in:
- How property is divided
- Whether and how long alimony is awarded
- How financial contributions are evaluated
Florida generally classifies marriages as:
- Short-term: Less than 10 years
- Moderate-term: 10 to 20 years
- Long-term: 20 years or more
While a long-term marriage increases the likelihood of a 50/50 split and permanent alimony, even short-term marriages can result in a division of assets, but not always evenly.
Being married for a certain number of years doesn’t guarantee half of everything, but it can influence how courts evaluate fairness.
Does Every Ex-Wife Get Alimony?
Florida allows for several types of alimony, depending on the marriage length and financial needs, including:
- Temporary Alimony: Support during the divorce process
- Bridge-the-Gap Alimony: Short-term help to transition from married to single life
- Rehabilitative Alimony: Support while you acquire education or job training
- Durational Alimony: Set for a defined period after a moderate- or long-term marriage
- Permanent Alimony: Rare and usually only for long-term marriages with significant financial disparity
That being said, alimony is not automatically granted in every divorce and must be supported by evidence of need and the other spouse’s ability to pay. Factors affecting alimony include:
- Each spouse’s income and earning capacity
- Standard of living during the marriage
- Age and health of both parties
- Contributions to the household (financial or otherwise)
- Time spent out of the workforce
If you gave up career opportunities to support your family, you may be entitled to alimony, especially if your spouse has a significantly higher income.
Who Gets to Keep the House in a Divorce?
The marital home is often one of the most emotionally and financially significant assets in a Florida divorce. If the marital home was purchased during the marriage, even if only one name is on the deed, it’s likely considered a marital asset. This means it may be:
- Sold and the proceeds divided
- Given to one spouse, with the other compensated
- Retained for the children until they reach adulthood (in rare cases)
If you brought the home into the marriage or received it as an inheritance, it might be considered separate property, unless it was co-mingled or used jointly during the marriage.
Don’t assume your name on (or off) the title determines ownership. RTRLAW can help untangle who legally owns what.
What if My Spouse Hides Assets During Divorce Proceedings?
Florida law requires full financial disclosure during a divorce. If your spouse attempts to hide money, investments, or business income, your attorney can:
- Request forensic accounting
- File subpoenas for bank or tax records
- Ask the court for sanctions or penalties
Hiding assets is not only unethical, it’s illegal.
If you suspect dishonesty, RTRLAW can take action to uncover the truth and fight for what you’re owed.
Know Your Rights and Protect Your Future with RTRLAW’s Help
Divorce can feel overwhelming, especially when your financial future is uncertain. At RTRLAW, we stand by women across Florida who are seeking a fair outcome in their divorce. Whether you’re pursuing custody, concerned about assets, or facing a high-conflict spouse, we provide the strength, strategy, and support you need.
Schedule a confidential consultation today at 833-HIRE-RTR to speak with an experienced Florida divorce attorney. We’re here to help you take the next step towards a more secure and peaceful future.