Going through a divorce? You’ve probably received plenty of “advice” from well-meaning friends, family members, and coworkers. While their hearts may be in the right place, much of what people believe about divorce in Florida simply isn’t true.
These myths don’t just spread misinformation. They create unnecessary fear and confusion during an already difficult time. Let’s set the record straight on some of the most persistent misconceptions about Florida divorce law.
Myth 1: Everything Gets Split 50-50 in a Florida Divorce
This might be the most widespread myth of all. Many people assume that divorce means taking everything and dividing it equally down the middle. That’s not how Florida works.
Florida follows what’s called “equitable distribution,” which means the court aims for fairness, not mathematical equality. What’s fair in your situation might look completely different from what’s fair for your neighbor.
Consider this scenario: One spouse keeps the family home while the other receives a larger portion of the retirement accounts. Or perhaps one person gets the business they built while the other receives other assets of similar value. The court looks at factors like each person’s financial situation, contributions to the marriage, and future needs to determine what’s equitable.
Myth 2: Stay-at-Home Spouses Get Nothing
This myth causes tremendous anxiety for people who didn’t earn traditional income during their marriage. If you spent years raising children, managing the household, or supporting your spouse’s career, you didn’t work for “nothing.”
Florida law recognizes that marriages are partnerships. The parent who stayed home with sick children, managed family finances, or maintained the household made valuable contributions that enabled the other spouse to focus on their career. These non-financial contributions matter, and they’re considered when dividing assets and determining support.
Myth 3: Filing First Gives You the Upper Hand
Some people rush to the courthouse, believing that filing first provides some strategic advantage. In reality, being the “petitioner” (the person who files) versus the “respondent” makes little practical difference in Florida.
Both spouses have equal rights once the divorce process begins. What influences the outcome isn’t who filed first. It’s the specific circumstances of your marriage, your financial situation, and your family’s needs.
Myth 4: Mothers Automatically Get Custody
This outdated belief causes unnecessary stress for fathers who want to remain active in their children’s lives. Florida law doesn’t favor mothers or fathers. It focuses on what’s best for the child.
In fact, as of July 1, 2023, Florida law now includes a rebuttable presumption that equal time-sharing is in the child’s best interest. This means courts start with the assumption that a 50-50 custody split serves the child’s needs, unless circumstances suggest otherwise. Your gender doesn’t determine your parental rights. Your relationship with your child and your ability to provide a stable, loving environment do.
Myth 5: Divorce Automatically Updates Everything
Here’s a myth that can have serious financial consequences: assuming that divorce automatically removes your ex-spouse from all your accounts and policies.
While Florida law does automatically revoke certain provisions for an ex-spouse in a will, beneficiary designations on retirement accounts, life insurance policies, and other financial accounts must be updated manually. Forgetting to update these could mean your ex-spouse inherits assets you intended for someone else. Reviewing and updating your entire estate plan after divorce isn’t optional. It’s essential.
Myth 6: No Visitation Means No Child Support
This misconception leads to a lot of anger and frustration. Some parents believe they can stop paying child support if they’re being denied time with their children. Others worry they won’t receive support if they limit the other parent’s access.
The truth is simpler: child support and parenting time are separate legal issues. Child support exists to meet the child’s needs, regardless of visitation arrangements. Even when one parent has limited or supervised visitation, they’re still responsible for financial support. Similarly, a parent can’t withhold visitation because support payments are late.
Why Getting the Facts Right Matters
These myths don’t just spread false information. They can lead to poor decisions that affect your family’s future. When you believe misconceptions about Florida divorce law, you might:
- Accept an unfair settlement because you think you have no other options
- Make emotional decisions based on fear rather than facts
- Miss opportunities to protect your rights and interests
- Create unnecessary conflict that hurts your children
Every divorce is unique. The law provides a framework, but how it applies to your specific situation depends on your family’s circumstances, needs, and goals.
Finding Clarity in a Confusing Time
Divorce involves complex legal, financial, and emotional challenges. You shouldn’t have to navigate this process based on myths and half-truths you heard from someone who went through their own unique situation years ago.
At Law Offices of E.F. Robinson, we’ve spent nearly 30 years helping Florida families separate fact from fiction during divorce. Attorney Veronica Robinson understands how overwhelming this process can feel, especially when you’re unsure what to believe.
Our approach is straightforward: we take time to understand your specific situation, explain how the law applies to your case, and help you make informed decisions about your future. When you have accurate information and experienced guidance, divorce becomes less frightening and more manageable.
You deserve to know the truth about your rights and options. With the right support and reliable information, you can move through this transition with confidence and focus on building the future you want for yourself and your family.
This article is for general informational purposes only. If you need advice about your specific circumstances, consult with a qualified family law attorney in Florida.
