What to Expect from Florida Family Law in 2026
Florida family law has gone through more change in the past three years than in the previous two decades. Between the alimony overhaul, the 50/50 custody presumption, new asset division rules, and updated procedural requirements, the legal landscape for divorcing families looks fundamentally different than it did in 2022.
If you’re considering divorce or dealing with a modification in 2026, here’s where things stand.
The 50/50 Presumption Is Now the Baseline
The rebuttable presumption of equal time-sharing has been in effect since July 2023, and its impact is clear. Courts across Florida are starting custody cases from the position that children should spend equal time with both parents.
This has shifted the dynamic in custody negotiations. The parent seeking more than 50% of the time now carries the burden of proof. They need to show, by a preponderance of the evidence, that equal time-sharing would be detrimental to the child.
In practice, this means stronger cases require specific, documented concerns. General claims about one parent being “less involved” aren’t enough. Courts want evidence of concrete issues: substance abuse, domestic violence, work schedules that make equal time impractical, or geographic distance between homes.
For fathers, this has been a meaningful change. The old system sometimes produced outcomes that felt like mothers had an inherent advantage in custody disputes. The presumption doesn’t guarantee 50/50 for every father, but it eliminates the perception that equal time needs to be earned rather than expected.
Alimony Duration Caps Are Producing Real Results
The 2023 alimony reform eliminated permanent alimony and introduced strict duration caps. Now that courts have been applying these rules for over two years, patterns are emerging.
Durational alimony awards are tracking closely to the statutory limits: 50% of the marriage length for short-term marriages (3-10 years), 60% for moderate-term (11-20 years), and 75% for long-term (over 20 years). The 35% income cap is also holding firm in most cases.
What this means for settlement negotiations is significant. Both sides can now run the numbers with reasonable confidence about what a court would order. That predictability is driving more settlements and fewer trials on alimony issues. When both parties can calculate the likely outcome, there’s less reason to fight about it.
The adultery provision is also getting attention. While Florida remains a no-fault state for divorce itself, courts are factoring infidelity into alimony calculations when there’s a clear economic impact. If a spouse spent marital funds on an affair, that spending may reduce their alimony award or increase what they owe.
Child Support Deviations Face New Scrutiny
Florida refined its child support guidelines to require judges to provide written findings when ordering support amounts more than 5% above or below the guideline figure. This change, while procedural, has practical consequences.
Judges who previously exercised broad discretion in adjusting support now need to document their reasoning. For parents, this means child support outcomes are more predictable and more defensible on appeal.
The shared parenting adjustments are also worth noting. When both parents have substantial time-sharing (close to 50/50), the support formula accounts for the fact that both households bear direct childcare costs. This often results in lower support payments compared to arrangements where one parent has the majority of overnights.
Procedural Changes Worth Knowing
Florida’s Family Law Rules of Procedure were updated effective October 2025, and the Rules of Juvenile Procedure were revised as of January 2026. While procedural rules don’t make headlines, they affect how cases move through the system.
Recent changes also require more formal documentation in cases involving allegations of abuse or neglect. Having an official record of proceedings protects both parties. It ensures that testimony is preserved accurately, prevents disputes about what was said in court, and provides a clear basis for appeal if needed.
Asset Division Is More Structured
HB 521, effective since July 2024, brought new rules for dividing closely held businesses and handling interim distributions during divorce. Courts now follow codified standards for business valuation, including how to treat goodwill and non-compete agreements.
The interim distribution provisions are particularly useful for longer divorces. If your spouse controls the family’s income through a business, you can petition for access to marital funds before the final settlement, provided you demonstrate good cause under the new statutory framework.
What This Means for Your Case
The cumulative effect of these reforms is a family law system that’s more predictable and more structured than what existed before. Predictability works both ways, though. If the law clearly favors the other side’s position on a particular issue, effective negotiation requires understanding these statutory limits and working within them.
Three things matter most heading into any family law case in 2026:
Know the numbers. Alimony caps, child support guidelines, and asset valuation methods all involve math. Run the calculations before you negotiate.
Document everything. The 50/50 presumption, child support deviations, and business valuation disputes all depend on evidence. Start gathering records early.
Get legal counsel. These reforms are complex, and the interplay between custody, support, and property division means that decisions in one area affect outcomes in others. Working with an attorney who understands the current framework helps you avoid costly mistakes.
Florida family law is evolving. Understanding where things stand puts you in the best position to protect your family and your future.