How is the duration of a marriage considered in a Florida divorce settlement?

Understanding the Role of Marriage Duration in Florida Divorce Settlements

When couples decide to dissolve their marriage in Florida, one critical factor that can significantly influence the outcome of their divorce settlement is the duration of the marriage. In legal terms, the length of a marriage can affect various aspects of the divorce process, including alimony, property division, and even the distribution of retirement benefits.

Alimony Considerations

In Florida, alimony, also known as spousal support or maintenance, is financial support that one spouse may be required to pay to the other following a divorce. The duration of the marriage is a pivotal consideration in determining whether alimony is appropriate and, if so, what type and how much should be awarded.

Marriages are typically categorized as short-term (less than 7 years), moderate-term (7 to 17 years), or long-term (over 17 years). Generally, the longer the marriage, the more likely it is that alimony will be awarded. For example, in short-term marriages, alimony is less commonly granted unless there is a clear need for financial assistance by one party. In contrast, long-term marriages often see a higher likelihood and longer duration of alimony payments.

Equitable Distribution of Property

Another aspect influenced by the length of a marriage is the equitable distribution of marital assets and liabilities. Florida follows an 'equitable distribution' model, meaning that marital property should be divided fairly but not always equally. While equitable does not mean equal, courts often start with the presumption of a 50/50 split and adjust based on several factors, including the marriage duration.

For instance, if a couple has been married for many years, the court may consider each spouse's contribution to the marriage when dividing assets like real estate or retirement accounts. A longer marriage might suggest an intertwining of finances and mutual effort in acquiring assets, potentially leading to an equal division. Conversely, in shorter marriages, if one spouse owned property prior to the marriage or contributed significantly more to its acquisition or enhancement, that spouse might receive a larger portion of such assets.

Retirement Benefits

The division of retirement benefits like pensions and 401(k) plans can also be affected by marriage duration. In long-term marriages where retirement funds were accumulated during the marriage, these are typically considered marital property and subject to division. However, for shorter marriages or when retirement assets were acquired before marriage and kept separate, they might not be divided or may result in an unequal split favoring the original owner.

Case Examples and Historical References

Historically speaking, there have been cases where Florida courts have heavily weighed the length of a marriage in their rulings. In Canales v. Canales, for instance, a Florida court decided on an unequal distribution of assets favoring one spouse due to a short-duration marriage and substantial non-marital assets brought into the union by one party.

Another example is in long-term marriages where courts have awarded permanent alimony to ensure that a spouse who was financially dependent during much of their adult life can maintain a standard of living reasonably close to that enjoyed during the marriage.


The duration of a marriage plays an integral role in shaping divorce settlements in Florida. Understanding how this factor interplays with alimony decisions, property distribution, and retirement benefits allocation can help those undergoing a divorce set realistic expectations and prepare adequately for negotiations or court proceedings.