Stay-at-Home Parent Divorce · Florida

Stay-at-Home Parent Divorce in Florida.
Alimony, Equitable Distribution & Primary Timesharing.

If you stepped out of the workforce to raise children, Florida law explicitly recognizes that contribution. Homemaking is a statutory factor in equitable distribution, in alimony, and in timesharing. The 2023 reform (SB 1416) eliminated permanent alimony but established four other types, bridge-the-gap, rehabilitative, durational, and temporary, that can support a stay-at-home parent through transition or long-term. Attorney Fraser handles every case personally.

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Quick Answer

Florida law recognizes the homemaker contribution in three ways: equitable distribution (Fla. Stat. § 61.075 explicitly counts homemaking), alimony (rehabilitative, bridge-the-gap, and durational under SB 1416), and timesharing (the historical caregiving role is a best-interest factor under § 61.13). Stay-at-home parents in long marriages often qualify for substantial durational alimony plus retraining funds plus primary timesharing. Free consultation: 877-862-7188. FL Bar No. 625825 · DC Bar No. 460026.

For the SAHM or SAHD

What Florida Law Protects, and What Requires Documentation

A long-term stay-at-home parent has a distinctly stronger position in three areas of Florida divorce: alimony eligibility, equitable distribution share, and primary timesharing. But each requires specific evidence. Caregiving history must be documented, school records, medical appointments, daily routine, volunteer activity. Earning capacity for alimony and child support requires either current vocational evidence or testimony from a vocational expert. Dissipation claims (the working spouse’s spending) require financial discovery.

Frequently Asked Questions

Stay-at-Home Parent Divorce Questions

I haven't worked in 10+ years, can I get alimony in Florida?
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Yes. Under SB 1416 (2023), Florida has four alimony types: temporary, bridge-the-gap (up to 2 yr), rehabilitative (up to 5 yr for retraining), and durational (capped by marriage length, 50% short, 60% moderate, 75% long 20+ yr). Amount cannot exceed 35% of income difference. A long marriage with a SAHM/SAHD typically supports a substantial durational award.
Will I lose my home if I'm not working?
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Not necessarily. Florida applies equitable distribution under Fla. Stat. § 61.075, homemaking is explicitly recognized as a contribution. The marital home can be awarded to the parent with primary timesharing, often with offsetting retirement assets. The court considers retaining the home for the children and each parent's economic circumstances.
Can I claim primary timesharing because I'm the everyday parent?
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Florida's 2023 statute creates a rebuttable presumption of equal timesharing under Fla. Stat. § 61.13. To rebut and obtain primary timesharing, demonstrate the 20 best-interest factors favor it, historical caregiving, school continuity, parents' ability to facilitate the other relationship, child's home/community ties. Documentation of caregiving history is critical.
How is child support calculated when one parent has no income?
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Florida child support under Fla. Stat. § 61.30 starts with each parent's gross income. A long-term SAHP may have $0 actual income, but the court can impute income based on earning capacity, typically minimum wage for an adult without recent work history, or higher with documented prior earnings. Imputation is fact-dependent; some courts decline where caregiving precludes employment.
What if my spouse hides income or assets in the divorce?
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Hidden assets are pursued through formal discovery: mandatory disclosure under Family Law Rule 12.285, interrogatories, requests to produce, depositions, and subpoenas to employers/banks/brokerages. Forensic accountants are used in higher-asset cases. Dissipation of marital assets, affair-partner spending, gambling, hidden accounts, can result in a smaller equitable-distribution share for the dissipating spouse.

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