Free Practice Questions for FL Family Law Board Cert

You must be an active member of The Florida Bar in good standing for at least 5 years, demonstrate substantial involvement in marital and family law during the years preceding application (including a minimum of contested matters and trial/hearing experience), complete 45 hours of approved marital and family law CLE within the prior 3 years, receive favorable peer review from judges and attorneys, and pass the written certification examination administered by the Board of Legal Specialization and Education.

Effective July 1, 2023, SB 1416 eliminated permanent alimony in Florida. Section 61.08 now authorizes only temporary, bridge-the-gap, rehabilitative, and durational alimony. Durational alimony is capped at 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10-20 years), and 75% of a long-term marriage (20+ years), generally cannot be awarded after a marriage of under 3 years, and the amount may not exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. The reform also added retirement and supportive-relationship provisions.

Florida uses the income shares model under section 61.30. The court combines both parents' net incomes, finds the basic obligation on the statutory guideline schedule, and apportions it by each parent's percentage share of combined net income. Gross income is defined broadly, with statutory deductions to reach net income, and income may be imputed to a voluntarily unemployed or underemployed parent. When each parent exercises at least 20% of the overnights, the gross-up method applies a 1.5 multiplier. Mandatory add-ons include work-related child care and the child's health insurance and uncovered medical costs. The guideline is presumptive, and deviations over 5% require written findings.

As of July 1, 2023, section 61.13 establishes a rebuttable presumption that equal time-sharing of a minor child is in the child's best interest. A parent may rebut it by a preponderance of the evidence showing that equal time-sharing is not in the child's best interest. There is no presumption for or against either parent based on gender. When a schedule is not agreed, the court must evaluate the statutory best-interest factors and make specific written findings of fact.

Florida is an equitable distribution state under section 61.075. The court sets aside each spouse's nonmarital property and divides marital assets and liabilities, beginning with the premise of equal division unless statutory factors justify an unequal split. Assets acquired during the marriage are presumed marital. Enhancement of nonmarital property from marital funds or labor (active appreciation) is marital, while passive market appreciation generally stays nonmarital, subject to the Kaaa coverture-fraction formula when marital funds pay down a mortgage on nonmarital realty.

Yes. Section 61.079, Florida's Uniform Premarital Agreement Act, governs premarital agreements, which must be in writing and signed and become effective upon marriage. An agreement is not enforceable if the challenging party proves it was not executed voluntarily or was the product of fraud, duress, coercion, or overreaching, or if it was unconscionable when executed and there was inadequate financial disclosure (with no written waiver). Parties may waive alimony, but they cannot bargain away a child's right to support. Casto v. Casto remains influential, especially for postnuptial agreements.