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I am writing this article with Jorge J. Bofill, an attorney in our Miami, Florida office. Jorge practices in Miami/Dade, Broward, and Palm Beach Counties in Florida, and is a member of Weber Gallagher’s Family Law Group. Jorge’s addition to our practice group gives us the opportunity to better serve our clients, particularly those who either have or had a connection to the state of Florida.
Understanding the Strategic Advantages of Florida’s Reformed Family Law
If you’ve spent time wintering in Florida while maintaining ties to Pennsylvania, you’re not alone. Thousands of Americans split their time between these two states each year. But if you’re contemplating divorce and have flexibility in choosing where to file, it’s worth understanding how Florida’s family law, especially after its sweeping 2023 reforms, differs from Pennsylvania’s in ways that could significantly impact your financial and personal outcome.
This article highlights key differences between Florida and Pennsylvania family law to help you determine which jurisdiction may be more favorable for certain divorcing spouses, particularly high-net-worth individuals, retirees, and those managing complex financial portfolios.
Residency Requirements: Establishing the Right to File
In order to file for divorce in Florida, at least one spouse must be a resident of the state for six months prior to filing. While Florida law looks at several factors when determining residency, obtaining a Florida driver’s license, a voter’s registration card, and even utility bills in your name can all help establish your “intent to remain” in Florida. This residency requirement is notably more flexible for Florida’s seasonal residents. For snowbirds who already spend half the year in Florida, this means that establishing jurisdiction in the Sunshine State may be more attainable than they realize.
Similar to Florida, Pennsylvania requires the spouse commencing divorce litigation to be a “bona fide” resident of the Commonwealth for at least six months immediately prior to the filing of the complaint. While proof of actual residence within Pennsylvania for six months creates a presumption of residency, what the courts are looking for is what is called “domicile.” A person’s domicile is the place to which they always intend to return. Facts indicative of domicile, in both Pennsylvania and Florida, include tax filing status, voter registration, driver’s license, car registration, bank accounts, etc. While a person can have more than one residence, they can only have one domicile.
Equitable Distribution: Timing and Treatment of Assets
Both Florida and Pennsylvania follow the principle of equitable distribution when dividing marital property, but the mechanics differ in meaningful ways.
In Florida, the court must first distinguish marital and non-marital(or pre-marital) property. Florida law typically identifies the marital estate as the assets accumulated from the date of marriage until the date of filing for dissolution. This framework becomes an important factor to consider when parties undergo lengthy separations before one party files for dissolution. If one spouse continues to accumulate wealth or investment growth after the couple separates but before filing for divorce, that increase may still be subject to division in Florida unless the parties or court specify otherwise. Additionally, while pre-marital assets are generally excluded from equitable distribution in Florida, any appreciation in those assets during the marriage, particularly if due to marital effort or commingling with marital funds, may contain a marital component that is subject to equitable distribution. This creates strategic opportunities (and risks) depending on how assets are titled and managed throughout the marriage.
In Pennsylvania, there is a significant difference from Florida in defining the marital estate. What is on the table for distribution is what is accumulated between the date of marriage and the date of final separation. What is accumulated by one spouse after separation is not marital, it is part of the spouse’s separate estate. Post-separation assets, however, are relevant in terms of who gets what in equitable distribution. Sometimes our Pennsylvania clients are surprised and confused by the treatment of post-separation assets. As we state above, post-separation assets are relevant, which means they are subject to disclosure and discovery, even if they are not subject to equitable distribution.
Alimony: Florida’s 2023 Reform and the End of Permanent Support
One of the most significant developments in Florida’s family law came in 2023 with the abolition of permanent alimony. Prior to this change, Florida law allowed courts to award permanent spousal support in long-term marriages, which often led to protracted litigation and ongoing financial uncertainty.
Following reforms in 2023, Florida courts may only award one of four limited forms of alimony:
Most importantly, the 2023 reforms placed firm limits on durational alimony, now limited to 50% of the length of a marriage for short term marriages and 75% for moderate-term marriages. This change has created much needed clarity and predictability for litigants.
Florida also modernized the criteria courts use when determining alimony, such as factoring in supportive relationships (e.g., a recipient cohabitating with a new partner) and the obligor’s retirement status. Spouses who retire at a customary age may now seek reduction or termination of alimony with greater legal backing, which may appeal to older or retiring spouses seeking financial certainty.
While there have been intermittent legislative rumblings in Pennsylvania about alimony, there are no guidelines other than that it is a secondary form of economic relief after equitable distribution. Also, the amount and duration of alimony is based on a needs-based analysis. This gives rise to different alimony awards in similar fact situations around the state, and even from judge to judge in the same courthouse. There is an unofficial rule of thumb of one year of alimony for every three years of marriage, but that is not written anywhere and subject to interpretation based on specific fact situations. Also, court ordered alimony is subject to modification while agreed-to alimony is not, unless the agreement allows for modification. Termination of alimony based on cohabitation with an unrelated individual of the opposite sex is an anachronistic law that remains on the books in Pennsylvania, at least for now.
Parenting Plans and Child Time-Sharing: Florida’s 50/50 Presumption
When it comes to parenting, Florida has long applied the “best interests of the child” standard, but Florida’s recent reforms have made shared parenting more of a baseline.
In 2023, Florida strengthened its presumption in favor of equal time-sharing between parents. While courts still consider individual facts, the legal default is now a 50/50 schedule unless a party can show it would be detrimental to the child. This marks a significant shift toward a more predictable co-parenting structure and reduces the frequency of protracted custody battles.
Child custody in Pennsylvania is also based on a “best interest of the child” standard. The only presumption in the law is that a parent is presumed to have a leg-up in custody over a third party, and that includes a grandparent. While 50/50 custody arrangements are gaining in popularity, there is no specific statutory presumption. Child custody is based on an assessment of a number of factors, which give the trial judge a reasonable amount of discretion in fashioning a custody schedule.
One other point of difference between Pennsylvania and Florida is that in Pennsylvania, a divorce case, a child custody case, and a child support case are three separate cases filed in three different parts of the courthouse, possibly at three different times. Based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), enacted in both Florida and Pennsylvania, there are limitations on where a child custody case can be filed. It is possible to litigate a divorce case in one jurisdiction and a custody case in another.
Procedure, Efficiency, and Cost
Florida’s 2023 procedural reforms brought significant improvements to how divorce cases are managed. These changes emphasize:
For individuals concerned with legal fees, emotional stress, or the duration of the process, these reforms make Florida’s family courts more user-friendly, particularly in comparison to jurisdictions where the process remains more opaque or discretionary.
One thing somewhat unique to Pennsylvania is that there is no uniformity of family law practice throughout the state. While there is a state divorce and domestic relations code, and statewide rules of procedure, there are also local rules of procedure. In practice, while there is one set of laws, interpretation and application of those laws varies from county to county in Pennsylvania’s 67 counties.
Strategic Considerations for High-Net-Worth Individuals and Retirees
For those with significant financial assets, investment accounts, or business interests, predictability is often just as important as fairness. The 2023 reforms in Florida, including the clear limits on alimony and enhanced procedural clarity, help reduce uncertainty in outcomes.
Retirees may find Florida particularly attractive not only because of its favorable alimony rules but also because:
These elements make Florida one of the more favorable jurisdictions in the country for divorcing individuals who value efficiency, cost control, and finality.
Then again, if you have been separated for a significant amount of time or have accumulated or anticipate obtaining significant assets after separation, maybe Pennsylvania is the strategically more desirable jurisdiction for your divorce.
Final Thoughts: Is Florida Right for Your Divorce?
If you divide your time between Florida and Pennsylvania and are considering divorce, the differences in legal frameworks matter. It is important to understand how the laws in each jurisdiction could impact your financial and personal future. Florida’s recent reforms have created a legal environment that is modern, efficient, and may be more favorable to those seeking predictability and closure, especially if you are nearing or in retirement, or if you have significant assets to protect.
Weber Gallagher Simpson Stapleton Fires & Newby LLP and its skilled team of attorneys in both Pennsylvania and Florida are here to help you navigate this important decision. If you have any questions about how Florida law or Pennsylvania law may apply to your situation, please do not hesitate to contact our firm for a confidential consultation.
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