By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

Divorces involving minor children are more complex than those without them. There are more decisions to make, more legal requirements to satisfy, and more opportunities for something to be overlooked in the settlement agreement or parenting plan. Every issue left unaddressed in the original divorce has a way of becoming a dispute later.

Below is a comprehensive list of the issues that typically arise when filing for divorce in Florida if you and your spouse have minor children. Some of these are straightforward. Others are genuinely complicated, and getting them wrong has real consequences for your finances, your parenting relationship, and your children’s lives. Read through each one carefully and make sure your divorce addresses all that apply to your situation.

• Whether to seek an annulment instead of a divorceAn annulment treats the marriage as though it never legally existed. In Florida, annulments are only available in very limited circumstances, including fraud, duress, mental incapacity, or bigamy. Most people who think they want an annulment actually need a divorce. This is worth clarifying early before any steps are taken.
• Establishing a Parenting Plan A Parenting Plan is not optional when minor children are involved in a Florida divorce. It is required by law under § 61.13 and must be approved by the court. The plan has to specify how the parents will share daily parenting responsibilities, the time-sharing schedule, who has decision-making authority over healthcare, education, and extracurricular activities, and how the parents will communicate about the child. The age and developmental stage of the children matters significantly here: a plan that works for a teenager is very different from one designed for a toddler. See our guide: Understanding Child Custody in Florida.
• Determining the time-sharing schedule As of July 1, 2023, Florida law presumes that equal time-sharing (roughly 50/50) is in the best interest of the child. See § 61.13(2)(c)1, Fla. Stat. This does not mean every case results in a 50/50 schedule, but it does mean that a parent seeking a different arrangement must present evidence that equal sharing is not appropriate for their child. The schedule needs to account for school calendars, holidays, summers, special occasions, and each parent’s work schedule. Vague language like “reasonable visitation” is not sufficient and will cause problems later.
• Determining child support payments Florida uses a statutory formula under § 61.30 that calculates child support based on each parent’s net income, the number of children, the time-sharing schedule, and certain expenses including health insurance and childcare. Even in uncontested cases, the agreed-upon amount must meet the guidelines or the court requires a written explanation for the deviation. See: Child Support in Florida.
• Allocating responsibility for attorney’s fees and court costsUnder § 61.16, Florida courts can order one spouse to contribute to the other’s attorney’s fees when there is a meaningful disparity in financial resources. This issue should be addressed in the settlement agreement, or raised by motion during the case if one spouse cannot afford adequate legal representation.
• Obtaining a domestic violence injunction or stalking injunction If domestic violence, stalking, or harassment is a factor in the divorce, a petition for an injunction for protection can be filed separately from and simultaneously with the divorce. The injunction can include provisions for temporary child custody and support. In emergency situations, a court can issue a temporary injunction the same day the petition is filed. See: How to Get a Restraining Order in Florida.
• Establishing a name change if necessaryEither spouse can request a restoration of a prior name as part of the final judgment of dissolution. This is the cleanest way to accomplish a name change after divorce since it is built into the final order. A name change for a child is a separate and more complex process that requires a showing that the change is in the child’s best interest.
• Anticipating the need to modify future court ordersLife changes. The parenting plan, child support, and alimony that make sense at the time of the divorce may not fit your circumstances five years from now. Building in provisions that address how future modifications will be handled, and understanding the legal standard for modification, helps avoid returning to court unnecessarily. Since July 1, 2023, modifications no longer require proving that the change in circumstances was unanticipated. A substantial and material change is still required, but the bar is somewhat lower than it used to be.
• Determining alimony (spousal support) As of July 1, 2023, permanent alimony is no longer available in Florida. The alimony types now available under § 61.08 are bridge-the-gap, rehabilitative, durational, and temporary. Duration caps apply: for marriages under 10 years, durational alimony cannot exceed 50% of the marriage length; for marriages of 10 to 20 years, 60%; for marriages over 20 years, 75%. Whether alimony is appropriate depends on each spouse’s need, the other’s ability to pay, the length of the marriage, the standard of living during the marriage, and other statutory factors. See: Alimony in Florida: What You Need to Know.
• Establishing health insurance and medical coverage for the children and spouseThe settlement must specify which parent carries the children on their health insurance plan and how uninsured or unreimbursed medical expenses are shared. Health insurance premiums factor into the child support calculation under § 61.30. Changes in health insurance costs in future years can trigger a modification request.
• Reaching agreements on tax filing and dependency exemptionsThe divorce settlement should address which parent claims the children as dependents for federal and state tax purposes, how you will file for the year of the divorce, and any tax consequences of property transfers or support payments. These details are frequently overlooked and can become sources of conflict every tax season if they are not spelled out clearly.
• Allocating retirement benefits and addressing QDROsRetirement accounts are often the largest single marital asset, especially in longer marriages. A Qualified Domestic Relations Order (QDRO) is typically required to divide employer-sponsored retirement plans like 401(k)s and pensions without triggering taxes or penalties. The settlement agreement must specifically address the retirement account division, and the QDRO must be drafted, approved by the plan administrator, and entered by the court separately from the divorce judgment. If the QDRO is not completed after the divorce is final, the division may never actually occur.
• Dividing real estate, investments, bank accounts, and other property Florida is an equitable distribution state. Marital assets are divided fairly, starting with a presumption of 50/50, but adjustable based on statutory factors. Every asset needs to be specifically addressed in the settlement agreement. Vague language like “the parties will divide the remaining assets” is an invitation to future litigation. See: How to Divide Marital Assets in Florida During a Divorce.
• Assigning debt and liability to each partyMarital debts are divided just like marital assets. The settlement must specify who is responsible for the mortgage, car loans, credit card balances, student loans, and any other shared obligations. Keep in mind that a creditor is not bound by your divorce agreement: if your spouse is ordered to pay a joint debt and fails to do so, the creditor can still pursue you. Language in the settlement addressing indemnification provides some protection.
• Addressing college tuition and post-secondary education costsFlorida courts cannot order divorced parents to pay for a child’s college education as part of the initial divorce decree, but parents can agree to it voluntarily in the settlement. If you want this addressed, it needs to be in the agreement. Courts can enforce a voluntary agreement to pay tuition.
• Determining relocation rights for a parent or child Under § 61.13001, a parent who wants to relocate more than 50 miles from the current primary residence for more than 60 consecutive days must either get the other parent’s written consent or petition the court for approval. Relocating without following this process subjects the parent to contempt and other significant consequences. See our full guide: Child Relocation in Florida: How to File and Win Your Case.
• Transferring ownership of property or investments not divided between the partiesWhen one spouse is awarded an asset that is currently titled in both names, or in the other spouse’s name, the settlement must address how and when the transfer occurs. Deeds need to be recorded, vehicle titles need to be reissued, and account beneficiary designations need to be updated. These steps do not happen automatically when the divorce is finalized.
• Establishing conditions for future modification of the settlement agreementThe settlement agreement can include provisions that address future modification, such as specifying what level of income change constitutes a substantial change in circumstances for child support purposes. Thoughtful drafting here reduces the likelihood of future litigation and gives both parties more certainty about what the future looks like.
• Protecting non-marital assets acquired before the marriage Assets owned before the marriage are generally non-marital and not subject to division, but this can become complicated when non-marital assets have been commingled with marital funds or when the value of a non-marital asset increased during the marriage. The increase in value may be considered marital property even if the underlying asset is not. See: Marital vs. Non-Marital Property in Florida.
• Establishing communication protocols for co-parentingThe Parenting Plan should include specific provisions about how parents will communicate with each other regarding the children, including which platform they will use, response time expectations, and how disputes will be escalated if they cannot agree. Parents who communicate through a structured app or in writing have a record if disputes arise later.
• Establishing temporary arrangements for child and spousal support during the divorceThe divorce process takes time, and financial needs don’t wait for a final judgment. Either party can petition the court for temporary child support, temporary alimony, and temporary use and possession of the marital home while the case is pending. These temporary orders are separate from the final judgment and can be modified as circumstances change during the proceeding.
• Determining who will keep the family homeThe marital home is often the most emotionally charged asset in the divorce. Options include selling the home and dividing the proceeds, one spouse buying out the other’s equity, or a deferred sale arrangement where one parent remains in the home until the children reach a certain age. Each option has different financial and tax implications that should be thought through carefully. See our upcoming guide on What Happens to the House in a Florida Divorce.
• Establishing a plan for maintaining or selling the marital homeIf the home will be sold, the settlement needs to address who handles the listing, how the proceeds are divided after outstanding mortgage and costs, and what happens if the home does not sell within a reasonable period of time. If one spouse stays in the home, the agreement should specify who pays the mortgage, insurance, and maintenance costs in the interim.
• Dividing personal property and household possessionsFurniture, artwork, jewelry, collectibles, and other personal property are marital assets subject to division. The settlement should specifically list who receives items of meaningful value rather than using vague catchall language. Items that cannot be agreed upon can be sold and the proceeds divided, or allocated by a mutually agreed-upon process.
• Addressing responsibility for the family pet or petsFlorida courts treat pets as personal property in a divorce, not as family members with best-interest considerations. Ownership of a pet is determined through equitable distribution. If both parties want the pet, the settlement can include a shared arrangement, though courts do not impose pet timesharing the way they do with children.
• Addressing jointly owned businessesIf one or both spouses own a business, the marital interest in that business needs to be valued and divided as part of equitable distribution. Business valuation is a specialized area that often requires a forensic accountant or business appraiser. Depending on the structure of the business and the involvement of each spouse, the settlement may include a buyout, a continued joint ownership agreement, or a sale. A buy-sell agreement, shareholders agreement, or operating agreement may need to be amended as part of the divorce.
• Allocating responsibility for extracurricular activities, educational costs, and medical expensesBeyond basic child support, the settlement should address how costs for extracurricular activities, tutoring, private school tuition, and uninsured medical expenses are divided between the parents. Leaving this out of the agreement creates recurring disputes every time a significant expense arises.
• Establishing life insurance to protect the children in the event of a parent’s deathCourts can order a parent who pays child support or alimony to maintain a life insurance policy naming the child or the receiving spouse as beneficiary, sufficient to cover the remaining support obligation. This protects the child’s financial security if the paying parent dies before the support obligation ends.
• Addressing inheritance rights and establishing trusts if applicableFlorida law automatically revokes certain beneficiary designations in favor of a former spouse upon divorce, but not all. Wills, revocable trusts, retirement account designations, life insurance policies, and payable-on-death accounts all need to be reviewed and updated after the divorce is final. For parents with minor children, establishing a trust as part of estate planning post-divorce ensures assets are managed appropriately for the children’s benefit.
• Updating beneficiary designations for life insurance and retirement accountsThis step is separate from the divorce itself but is one of the most important things to do immediately after the final judgment is entered. If you do not update your beneficiary designations, your former spouse may still inherit your retirement accounts or life insurance proceeds despite the divorce, because those assets pass by beneficiary designation rather than through your will.
• Addressing termination of alimony upon remarriage or cohabitationUnder Florida law, durational alimony terminates automatically upon the death of either party or the remarriage of the receiving spouse. A court can also reduce or terminate alimony if the receiving spouse enters into a “supportive relationship” as defined under § 61.08(8). The 2023 alimony reform made it easier to establish cohabitation and supportive relationships as grounds for modification. These provisions should be clearly addressed in the settlement agreement.
• Addressing immigration issues that may arise as a result of the divorceIf either spouse is not a U.S. citizen or permanent resident, the divorce may affect their immigration status. A spouse who obtained conditional permanent residency based on the marriage may need to file separately to remove conditions on their green card. The divorce can affect pending visa applications and sponsorship obligations. Immigration and family law intersect in complex ways, and consulting with an immigration attorney alongside your divorce lawyer is advisable in these situations.
• Addressing decisions about the children’s religious upbringingUnder Florida’s shared parental responsibility framework, both parents generally have equal rights to participate in major decisions affecting their children, including religious upbringing. If the parents have different religious beliefs or affiliations, the parenting plan should address how religious decisions will be made and respected. Courts are reluctant to impose a specific religious practice on either parent but will intervene if a parent’s religious practices demonstrably harm the child.

Recently Added:

Completing the required Parent Education and Family Stabilization Course

This one does not appear on most lists but is worth adding because it is mandatory and it holds up the finalization of a case when people forget about it. Florida law under Florida Statute 61.21 requires both parents to complete a state-approved parenting course before the court will enter a final judgment in any dissolution involving minor children. The course runs approximately four hours and can be completed online. Both parents must do it independently and file certificates of completion with the court.

No matter how difficult the circumstances, reaching an amicable resolution is almost always better for everyone, especially the children. That said, amicable does not mean uninformed. Both parties should understand their rights before they agree to any terms.

If you are going through a divorce in Broward County and have minor children, Larry Schott can help you work through every issue on this list. He has been guiding South Florida families through these decisions for over 30 years.

Related Articles:

• Step-by-Step Guide to Getting a Divorce in Broward County
• Understanding Child Custody in Florida
• Child Relocation in Florida: How to File and Win Your Case
• Child Support in Florida
• Alimony in Florida: What You Need to Know
• How to Divide Marital Assets in Florida During a Divorce