Florida Family Law & Bankruptcy Glossary
Understand key Florida legal terms, statutory rules (FL § 61.30, § 61.08, Rule 12.285), and court procedures. Each definition includes practical real-world examples and links to legal tools.
Florida Legal Glossary
Authoritative statutory definitions, real-world case examples, and legal rules.
Equitable Distribution
Legal Definition:
The statutory process by which Florida courts divide marital assets and marital liabilities between divorcing spouses based on fairness (equitable) rather than an automatic 50/50 split.
Practical Example:
A home purchased during marriage is considered marital property subject to equitable distribution, whereas inheritance kept in a separate individual account remains non-marital.
Substantial Time-Sharing (20% Overnight Rule)
Legal Definition:
A parenting arrangement in which a parent exercises 73 or more overnights per year (at least 20% of the year) with the minor children, triggering a statutory gross-up formula that reduces child support obligations.
Practical Example:
If a parent spends 120 overnights a year with their children, the court applies the 20% gross-up adjustment to reflect shared household expenses.
Mandatory Financial Disclosure
Legal Definition:
The compulsory legal requirement for both divorcing spouses to automatically serve key financial documents (tax returns, pay stubs, bank statements, debt records) within 45 days of petition service.
Practical Example:
Failing to provide tax returns or bank statements within 45 days can lead to court sanctions or orders barring financial claims.
QDRO (Qualified Domestic Relations Order)
Legal Definition:
A specialized judicial order that instructs a 401(k), 403(b), or pension plan administrator to divide retirement benefits between divorcing spouses without triggering tax penalties or early withdrawal fees.
Practical Example:
A QDRO allows 40% of a spouse's 401(k) accumulated during marriage to be rolled directly into the ex-spouse's IRA tax-free.
Durational Alimony
Legal Definition:
Spousal support awarded for a set period following marriages of short to moderate duration. Under Florida's 2023 alimony reform, durational alimony is capped at a percentage of marriage length.
Practical Example:
For a 10-year marriage, durational alimony cannot exceed 50% of the marriage length (maximum 5 years of support).
Paternity Establishment
Legal Definition:
The formal legal proceeding to declare biological fatherhood for children born outside of marriage, securing the father's legal parenting time rights and duty of support.
Practical Example:
Signing a birth certificate in Florida grants biological acknowledgment but requires a court order under FL § 742 to secure formal custody and visitation rights.
Chapter 7 Means Test
Legal Definition:
A statutory formula comparing a debtor's average 6-month gross income against Florida's median income to determine eligibility for Chapter 7 liquidation debt discharge.
Practical Example:
If a single debtor's income is below Florida's median income threshold, they automatically qualify to discharge eligible credit card and medical debts under Chapter 7.
Chapter 13 Reorganization Plan
Legal Definition:
A court-supervised 3-to-5 year repayment plan allowing individuals with steady income to catch up on missed mortgage payments, restructure debts, and prevent foreclosure.
Practical Example:
A homeowner facing foreclosure can cure past-due mortgage arrears over 36 to 60 monthly payments while keeping their home.
Family Law Mediation
Legal Definition:
A confidential, out-of-court dispute resolution process where a neutral Florida Supreme Court Certified Mediator assists divorcing parties in reaching a binding settlement agreement.
Practical Example:
Mediation allows spouses to privately negotiate parenting plans and asset distribution without incurring costly court trials.
Lis Pendens
Legal Definition:
An official notice filed in county public records warning third parties that real estate property title is subject to active court litigation.
Practical Example:
Filing a Lis Pendens prevents a spouse from secretly selling or refinancing marital real estate during divorce proceedings.
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