What is a Wife Entitled to in a Divorce in Florida?

Quick Answer: In Florida, wives are entitled to equitable distribution of marital assets (typically 40-60%), potential alimony based on need and marriage length, 50% of marital portion of retirement accounts, and consideration for child custody and support. Florida law is gender-neutral—entitlements depend on circumstances, not gender.

Wife's Potential Entitlements in Florida Divorce

Category	Typical Entitlement
Marital property	40-60% (equitable, not always equal)
Marital home	Varies (often sold or bought out)
Retirement accounts	50% of marital portion
Alimony	Based on need, ability to pay, marriage length
Child support	Based on custody and income
Health insurance	Potentially continued (COBRA or alimony provision)
Attorney fees	Possible if income disparity exists

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Important: Florida Law is Gender-Neutral

Florida divorce law does not favor wives or husbands. The same rules apply regardless of gender:

Wives can pay alimony to husbands
Husbands can receive more than 50% of assets
Custody is based on best interests of children, not parent gender

What matters is:

Financial circumstances of each spouse
Contributions to the marriage
Need versus ability to pay
Best interests of any children

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Equitable Distribution: Dividing Marital Property

What is Equitable Distribution?

Under Florida Statute 61.075, courts must divide marital property using "equitable distribution"—meaning fair, but not necessarily equal.

Statutory Language: 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." — F.S. 61.075(1)

Factors Courts Must Consider (F.S. 61.075)

Statutory Factor	How It Affects Distribution
"Contribution to the marriage by each spouse, including... services as homemaker"	Homemaking counts as contribution
Economic circumstances of the parties	Needs assessed individually
Duration of the marriage	Longer marriages favor equal split
"Career or educational opportunities" interrupted	Sacrificing career for family recognized
"Intentional dissipation, waste, depletion, or destruction of marital assets"	Wasteful spouse gets less
Desirability of retaining business interests intact	May award business to operating spouse
Whether retaining marital home serves children's interest	Custody affects home disposition

Marital vs. Non-Marital Property (Per F.S. 61.075)

Marital Assets (Subject to Division):

"Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them." — F.S. 61.075(6)(a)1.

This includes:

All property acquired during marriage (presumed marital)
Enhancement/appreciation of non-marital assets from marital efforts or funds
Retirement benefits accrued during the marriage
Interspousal gifts (must be in writing for real property per 2024 amendment)
Enterprise goodwill in closely held businesses (clarified by 2024 HB 521)

Non-Marital Assets (Separate Property):

"Assets acquired and liabilities incurred by either party prior to the marriage" and "assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent." — F.S. 61.075(6)(b)

This includes:

Assets owned before marriage
Inheritances received individually
Gifts from third parties (not from spouse)
Income from non-marital assets (if kept separate)
Assets excluded by valid prenuptial agreement

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The Marital Home

Options for the Family Home

Sell and split proceeds — Most common

One spouse buys out the other — Requires refinancing

Deferred sale (with children) — Wife stays until kids graduate

Exclusive use and possession — Temporary arrangement

Courts consider who has custody, ability to afford mortgage, and overall property division balance.

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Alimony Entitlements

Note: Florida eliminated permanent alimony in July 2023 (SB 1416). All alimony now has duration limits.

Types of Alimony Available (Post-2023)

Type	Duration	Purpose
Bridge-the-gap	Up to 2 years	Transition assistance
Rehabilitative	Per plan	Education/training
Durational	50-75% of marriage length	Primary support type

Duration caps under SB 1416:

Short-term (under 10 years): Max 50% of marriage length
Moderate-term (10-20 years): Max 60% of marriage length
Long-term (20+ years): Max 75% of marriage length

Amount cap: Cannot exceed 35% of the income difference between spouses.

Factors Determining Alimony

Need: Can wife meet reasonable needs alone?

Ability to pay: Can husband afford to pay?

Marriage length: Determines duration cap (10/20 year thresholds)

Income difference: Amount capped at 35% of net income gap

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Retirement Accounts and Pensions

Wife's Entitlement to Retirement

The marital portion of retirement accounts is subject to division:

Example:

Husband's 401(k): $500,000
Total contribution years: 25
Years married: 15
Wife's potential share: (15/25) x $500,000 x 50% = $150,000

Account Type	Division Method
401(k)	QDRO
IRA	Transfer incident to divorce
Pension	QDRO or offset
Military retirement	USFSPA rules

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Child Custody and Support

Mothers and Custody

Important: Florida law does NOT favor mothers in custody. Courts consider:

Which parent has been primary caregiver

Each parent's ability to meet child's needs

Child's preference (if mature enough)

Willingness to encourage relationship with other parent

History of domestic violence or substance abuse

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FAQ: Wife's Rights in Florida Divorce

Is Florida a 50/50 divorce state?

Answer: Florida is an equitable distribution state, meaning "fair" not necessarily "equal." The starting point is 50/50, but courts can adjust.

Can a wife get the house in a Florida divorce?

Answer: Possibly. Courts consider custody, ability to afford the home, and overall fairness. Wives don't automatically get the house.

Can I get alimony if I work?

Answer: Yes, if there's still a significant income disparity and you can demonstrate need.

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Get Personalized Guidance

Service	Price
Strategy Session	$125
Uncontested Divorce	$995-$1,295

Schedule a consultation to understand your specific entitlements.

What is a Wife Entitled to in a Divorce in Florida? (2026 Complete Guide)