Divorce Near Retirement in Florida: What You Need to Know

 

Posted on June 15, 2025

Getting a divorce near retirement age in Florida presents unique challenges that require careful planning. Factors such as asset division, alimony, Social Security benefits, and emotional impact must be carefully considered. Many people in this stage of life may feel uncertain about how a divorce will affect their financial stability and long-term well-being.

Below, we explore the most important aspects to keep in mind when facing this situation.

Legal Aspects of Divorce in Florida

Understanding Florida’s divorce laws is crucial before initiating the process. Florida is a "no-fault" divorce state, meaning that there is no need to prove specific reasons such as adultery or abandonment to file for divorce; it is enough to state that the marriage is irretrievably broken. Additionally, one of the spouses must have lived in Florida for at least six months before filing. If the spouses live in different counties, the petition can be filed in the county where the respondent resides or where the couple last lived together with the intent to maintain the marriage.

Another important consideration is that, unlike some other states, Florida does not formally recognize legal separation. This means that spouses remain legally married until the divorce is finalized. Understanding these legal details from the outset can prevent surprises and help ensure better preparation for the process.

Asset Division and Alimony

Equitable distribution of assets and debts is a key factor in divorces near retirement. Assets such as pensions, 401(k) accounts, IRAs, annuities, employee stock plans, real estate, and family businesses must be carefully evaluated and divided accordingly. Florida’s new divorce law, which took effect on July 1, 2023, eliminated permanent alimony, requiring financial settlements to be adjusted based on the length of the marriage. The new guidelines for alimony are as follows:

• Short-term marriages (less than 10 years): Alimony can be awarded for a maximum of 50% of the marriage duration.
• Moderate-term marriages (10 to 20 years): Alimony may be granted for up to 60% of the marriage duration.
• Long-term marriages (more than 20 years): Alimony can last up to 75% of the marriage duration.

Additionally, if the alimony recipient enters a supportive relationship with another person, alimony payments may be modified or terminated.

Financial agreements extend beyond asset division to include the reassignment of debts. In many cases, joint debts must be renegotiated to ensure that both parties can move forward financially without excessive burdens. Working with an experienced attorney and financial advisor can help minimize risks and ensure a fair distribution of resources.

Social Security, Financial Planning, and Emotional Impact

Divorce can impact Social Security benefits, particularly if one spouse relied on the other’s earnings history. In some cases, an ex-spouse may be eligible to receive benefits based on their former partner’s earnings, provided the marriage lasted at least 10 years and the recipient has not remarried. Evaluating how this will affect post-divorce financial stability is essential for avoiding unexpected financial setbacks.

Additionally, divorce can impact retirement planning, access to health insurance, and other benefits. This transition can be overwhelming, so working with legal and financial professionals is key to ensuring a smooth and organized transition. Adjusting budgets, reviewing insurance options, and reevaluating investments can make a significant difference in future financial security.

On an emotional level, divorce at any stage of life can be challenging, but divorcing near retirement can add concerns about personal and social well-being. Some individuals may feel isolated or uncertain about their future, especially if they have spent much of their lives as part of a couple. Seeking support from family, friends, or support groups can be beneficial for managing stress and emotions related to the process. Additionally, individual or group therapy can be a valuable tool for navigating this life change more healthily.

Contact Us for Expert Legal Guidance

Divorcing near retirement can feel overwhelming, but you don’t have to go through it alone. At The Roberts Family Law Firm, we understand the challenges you’re facing and are here to provide the legal guidance and support you need. Whether you have concerns about asset division, alimony, or financial security, we are ready to help.

Give us a call at (407) 426-6999, stop by our office at 823 Irma Ave, Orlando, FL 32803, or reach out through our online contact form. Let’s work together to secure your future.

 

David Roberts
Family Law Attorney