Importance of the Divorce Filing Date in Florida

By Thor Hartwig, a Men’s Divorce attorney in Tampa, FL

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When it comes to filing for divorce, many men will procrastinate and put it off until they feel that there is no other option—often years after the marriage is even viable. As problem-solvers, this comes naturally to men that are trying to keep their marriage intact, if not for the vows of the marriage itself, then for the well-being of their children. This effort is not in vain, as it is an undeniable fact that children raised in a nuclear family with both mother and father will be better off later in life.

But there are other considerations men should take into account when contemplating or delaying an inevitable divorce. Mainly, the overall length of the marriage measured in years between anniversary dates. Dragging your feet or kicking the can down the road can have serious financial implications when the divorce finally comes.

This is very prevalent when dealing with alimony and equitable distribution in Florida divorces. Alimony and the type awarded is generally based on the length of the marriage and one’s need and the other’s ability to pay.

When determining the length of a marriage for the purposes of awarding alimony, there is a rebuttable presumption that a short-term marriage is less than seven years; a moderate marriage being greater than seven years, but less than 17 years; and a long-term marriage being 17 years or greater.

For short-term marriages, there is generally no presumption for alimony. For moderate-length marriages, there are various types of alimony that may be awarded, including durational, which could potentially last for as long as the marriage itself. For long-term marriages, there is the possibility of permanent alimony being awarded.

This is where the filing date becomes so important. If you are in a dead-end marriage and are approaching one of the thresholds for determining the length of a marriage, then you should seriously consider the risk you will take by not filing before it passes.

This could mean the difference between paying 16 years of durational alimony and paying permanent alimony until you die, your wife dies, or until she gets remarried (or enters a supportive relationship).

Once you file for divorce, that is the date Florida family law courts will use when determining the length of the marriage. Contrary to what many men think, the length of the marriage is fortunately not the day the divorce decree is entered in a final judgment.

This also has implications for equitable distribution. This consists of all marital debts and assets obtained during the course of the marriage being equally divided. This could include your personal 401k and any debt your wife has accrued, whether or not you even knew about it.

But again, the dates used to separate marital from non-marital assets and debts are the date of the marriage and the divorce filing date.

Another popular misconception is that being “separated” will protect your assets and shield you from your wife’s debts. This is not the case. Florida does not recognize “legal separations” for purposes of calculating the length of the marriage.

Many men learn this the hard way by separating from their wives and waiting several years to finally file only to learn that he is then responsible for all of the debts his wife has accumulated during that time and will lose half of the assets that he made during the separation.

The bottom line is that if you are contemplating an inevitable divorce, the earlier that you file, the shorter your marriage will be.

*This Blog and the posts in it are meant to give a broad overview of general legal concepts and are not legal advice.

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