Divorce is already one of the hardest things a person goes through. Being blindsided by the law makes it so much worse. Whether you are in Jacksonville, Fleming Island, Ponte Vedra, Fernandina Beach, or anywhere across Northeast Florida — these seven truths apply to you.
At Erlinger Family Law, we have sat across from hundreds of clients who came in with the wrong information. Not because they did not try to research — but because Florida divorce law is more nuanced than Google lets on. This article is our way of leveling the playing field before you walk into anything.
You Do Not Need a "Reason" — But Behavior Still Matters
Florida is a no-fault divorce state. You only need to declare the marriage is "irretrievably broken." You do not have to prove cheating, abuse, or abandonment to file. But here is what most people misunderstand: bad behavior is not always irrelevant. If a spouse's misconduct directly affected the family's finances — gambling away savings, hiding assets, or reckless spending — a skilled attorney can bring that into the equation when it comes to asset division and support.
What You Owned Before the Marriage Is Not Always Protected
Pre-marital property is generally shielded from division — but only if you kept it separate. The moment you mixed pre-marital money with marital funds — depositing your savings into a joint account, adding your spouse's name to property, or using marital income to pay a pre-marital mortgage — you may have commingled those assets and made them fair game for division. This catches people off guard constantly, especially in long marriages where finances naturally blended over the years.
Moving Out of the House Does NOT Mean You Lose It
One of the most dangerous myths in Florida divorce: "If I leave, I give up my right to the home." This is false. Your legal ownership of a marital asset does not disappear because you moved out. However — where you live during the divorce can absolutely affect your children's time-sharing arrangement. Courts favor stability for kids. The parent who stays in the family home is often seen as providing that continuity. Never leave without speaking to your attorney first.
Florida Divides Assets "Equitably" — Not Equally
Many people assume divorce means a 50/50 split of everything. Florida law says assets must be divided equitably — which means fairly, not necessarily equally. A judge considers each spouse's financial situation, contributions to the marriage including homemaking, economic circumstances, and future earning capacity. The result is not always a clean split — but it is supposed to be a just one.
Permanent Alimony Is Gone — But Alimony Itself Is Not
In July 2023, Florida made a landmark change: permanent alimony was abolished. All alimony now has an end date. Courts award bridge-the-gap, rehabilitative, or durational alimony based on the length of the marriage and each spouse's financial situation. The general cap is 35% of the net income difference between spouses.
Your Social Media Is Being Watched — Act Like It
That vacation photo. The new car post. The night out with friends. During a divorce, opposing attorneys routinely investigate social media — Facebook, Instagram, Snapchat, Venmo, even dating apps. Posts can contradict your financial claims, undermine your parenting image, or reveal a lifestyle inconsistent with what you are telling the court. The rule is simple: if you would not want a judge to see it, do not post it.
Your Children Do Not Get to "Choose" — And You Should Not Tell Them They Do
Florida has no magic age at which a child can legally decide which parent they live with. A child's preference can be considered by the court — but it is just one of over twenty factors Florida judges weigh. Courts are increasingly sensitive to parental alienation — any attempt to turn a child against the other parent can severely damage your case.
The First 60 Days Set the Tone for Everything
The decisions made in the first 60 days of a Florida divorce — temporary orders, asset freezes, time-sharing arrangements, financial disclosures — often become the blueprint for the final outcome. Courts are reluctant to dramatically alter arrangements that have been in place, even temporarily. An experienced attorney does not just react — they build a strategy from day one that protects your rights, your assets, and your children.
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You Deserve an Attorney Who Fights for You
Jennifer Erlinger is a former Assistant State Attorney who knows what it takes to protect your rights in and out of the courtroom. Your first consultation is completely free — no pressure, no obligation, just honest answers.
Divorce does not have to mean chaos. With the right legal guidance, it can mean clarity — a defined path forward that protects what matters most. At Erlinger Family Law, that is exactly what we are here to provide for every family we serve across Northeast Florida.