A marriage with a homemaker can often be a symbiotic relationship. One spouse earns income outside the home. The other spouse works inside the home by managing the household, supporting the working spouse, raising children, and keeping the family’s life functioning well.
That arrangement can work quite well during the marriage. But then the marriage ends.
After a divorce is filed, the family no longer operates as a single financial unit. The stay-at-home parent or homemaker may need alimony, child support, attorney’s fees, access to marital money, a fair share of marital assets, and a parenting plan that reflects the children’s actual needs.
Florida law treats homemaking as a real contribution to a marriage. With equitable distribution, Florida courts must consider “[t]he contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.” Fla. Stat. § 61.075(1)(a).
Florida alimony law further requires the court to consider “[t]he contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.” Fla. Stat. § 61.08(3)(f).
Florida courts have long recognized this principle. In Canakaris v. Canakaris, the Florida Supreme Court quoted approvingly that “[e]ither spouse may contribute either by working in the market place or by working as a homemaker.” Canakaris v. Canakaris, 382 So. 2d 1197, 1204 (Fla. 1980) (quoting Brown v. Brown, 300 So. 2d 719, 726 (Fla. 1st DCA 1974)).
On one hand, a homemaker does not get punished for having stayed home. On the other hand, a homemaker does not automatically get everything he or she asks for.
Need, ability to pay, the duration of the marriage, the standard of living established during the marriage, the parties’ earning capacities, the parties’ parenting responsibilities, and the homemaker’s non-financial contributions to the marriage are all factors a court must consider. Fla. Stat. § 61.08(2)-(3).
A stay-at-home parent or homemaker might not have earned the paycheck, but that does not mean the homemaker did not take part in creating the financial life both parties enjoyed while married.
A Florida divorce court is not going to simply recreate the marriage after divorce. The court must divide assets, determine support, allocate parenting rights, and determine whether one spouse needs time and money to become financially independent. For many homemakers, that analysis begins with alimony.
Homemakers And Alimony In A Florida Divorce
Florida alimony is not automatically awarded. Under Florida law, “[t]he party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.” Fla. Stat. § 61.08(2).
Need is generally obvious for a homemaker. A spouse who has been out of the workforce, raising children, managing the household, or supporting the other spouse’s career often does not have sufficient income post-divorce.
However, proving need is just the first step in the process. The court must then decide what kind of alimony is appropriate, how much alimony should be paid, and how long alimony should last.
Florida courts must consider “all relevant factors,” including “[t]he duration of the marriage,” “[t]he standard of living established during the marriage,” “[t]he resources and income of each party,” and “[t]he earning capacities, educational levels, vocational skills, and employability of the parties.” Fla. Stat. § 61.08(3)(a), (b), (d), (e).
When homemakers are involved, the most direct alimony factor is the court’s obligation to consider “[t]he contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.” Fla. Stat. § 61.08(3)(f).
A homemaker may have little-to-no current income. A homemaker may also have a lower future earning capacity because that spouse delayed employment, stopped pursuing education, or stayed home so the other spouse could work more. Florida courts are required to consider that reality.
Florida recognizes multiple kinds of alimony: “The court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.” Fla. Stat. § 61.08(1)(a).
A court can award temporary alimony while the divorce case is pending. For a stay-at-home spouse, temporary support may be necessary. Mortgage payments, utilities, children’s expenses, groceries, and attorney’s fees do not wait for final judgment.
Bridge-the-gap alimony is meant to help a spouse work through the transition from married life to single life. This type of alimony cannot exceed two years and “is not modifiable in amount or duration.” Fla. Stat. § 61.08(6).
Rehabilitative alimony works to help a spouse become self-supporting by redeveloping previous skills, obtaining education or training, or gaining work experience. Rehabilitative alimony requires “a specific and defined rehabilitative plan” and cannot exceed five years. Fla. Stat. § 61.08(7). In my experience, rehabilitative alimony can be vital for homemakers. A stay-at-home parent often needs time to update skills, renew a license, complete training, or finish a degree.
Durational alimony gives economic assistance for a set period of time. Fla. Stat. § 61.08(8). However, a court cannot award durational alimony for a marriage that lasted less than three years. Fla. Stat. § 61.08(8)(a).
Under Florida law, a short-term marriage is a marriage that lasted less than 10 years, a moderate-term marriage is a marriage that lasted between 10 and 20 years, and a long-term marriage is a marriage that lasted 20 years or longer. Fla. Stat. § 61.08(5). Durational alimony cannot exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage unless exceptional circumstances justify a longer award. Fla. Stat. § 61.08(8)(b).
The amount of durational alimony is also limited. The amount must be “the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.” Fla. Stat. § 61.08(8)(c).
For homemakers, this is a major issue. Florida courts may consider the standard of living established during the marriage; however, the marital standard of living does not override the statutory limits on alimony.
The working spouse usually argues that the homemaker should return to work. In some cases, that is a reasonable argument. Sometimes it is not. A spouse who stayed home for two years while young children were in the house is in a different position than a spouse who stayed home for twenty years, managed the household, supported the other spouse’s career, raised children, and now has no recent work experience.
The homemaker’s age, health, education, prior work history, vocational skills, employability, parenting responsibilities, and time needed to become self-supporting are all important factors. Fla. Stat. § 61.08(3)(c), (e), (f), (g). The working spouse’s income, assets, expenses, and ability to pay also are important to consider. Fla. Stat. § 61.08(2)-(3).
When a Florida divorce involves a homemaker, alimony cannot be analyzed in isolation. Alimony interacts with equitable distribution, child support, time-sharing, attorney’s fees, and the practical cost of maintaining two households after one marriage ends.
Imputing Income To A Stay-At-Home Parent In A Florida Divorce
In my practice, a working spouse will often argue that the stay-at-home parent should have income imputed to him or her.
Imputed income is income a court treats a party as earning, even if that party is not actually earning that income.
In Florida, income may be imputed to an unemployed or underemployed parent if “such unemployment or underemployment is found by the court to be voluntary on that parent’s part.” Fla. Stat. § 61.30(2)(b).
If the court finds voluntary unemployment or underemployment, the parent’s “employment potential and probable earnings level” must be determined based on the parent’s “recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available.” Fla. Stat. § 61.30(2)(b).
This is important for homemakers, as a spouse who stayed home during the marriage may have little current income but some past work history, licensing, vocational skills, or education.
The working spouse can attempt to say, “She has a degree.” Or “He used to work.” Or “He is choosing not to get a job.” Those arguments may or may not be successful.
Florida law does not permit a court to simply guess or assume what a homemaker could earn. The party seeking to impute income must present “competent, substantial evidence” that the unemployment or underemployment is voluntary and must identify “the amount and source of the imputed income.” Fla. Stat. § 61.30(2)(b)1.
That evidence must come from “available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location.” Fla. Stat. § 61.30(2)(b)1.b.
A Florida court must also consider “the parties’ time-sharing schedule and their historical exercise of time-sharing” when determining whether income should be imputed, which is particularly important for stay-at-home parents. Fla. Stat. § 61.30(2)(b)1.b. A parent who has been responsible for homework, meals, transportation, school pickups, appointments, and day-to-day child care might not possess the same ability to work full-time as the parent who worked outside the home.
Florida law also provides stay-at-home parents with statutory protection, stating that “[t]he court may refuse to impute income to a parent if the court finds it necessary for that parent to stay home with the child who is the subject of a child support calculation.” Fla. Stat. § 61.30(2)(b).
In other words, a stay-at-home parent is not automatically viewed as voluntarily unemployed simply because that parent does not have a job.
In Wilkins v. Wilkins, the First District reversed the imputation of minimum-wage income to a wife in a temporary relief order where the parties agreed that she would live with family in Jacksonville, finish her nursing degree, and care for the parties’ child and her child from a previous relationship. 312 So. 3d 1278, 1279 (Fla. 1st DCA 2021). The appellate court held that competent, substantial evidence did not support imputation because the trial court did not provide reasoning for why imputing income was appropriate despite the parties’ agreement that she stay home and attend school; further, no evidence suggested she was required or expected to generate income. Id. at 1279.
However, a homemaker cannot always avoid imputed income. In Schram v. Schram, the Fourth District stated, “[i]n order to impute income,” a trial court must make “specific findings” identifying the “source and amount” of the imputed income. 932 So. 2d 245, 249 (Fla. 4th DCA 2005). The court also held that a trial court can only impute an income level supported by evidence of “employment potential and probable earnings based on history, qualifications, and prevailing wages.” Id. at 250.
Florida also limits how far a court can go. Except in limited circumstances, “income may not be imputed based upon [i]ncome records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or [i]ncome at a level that a party has never earned in the past.” Fla. Stat. § 61.30(2)(b)2.
For example, a spouse who earned $80,000 ten years ago before leaving the workforce to raise children is not automatically viewed as an $80,000 earner today.
The real question is, “Considering this person’s education, experience, location, caregiving responsibilities, time-sharing schedule, and recent work history, what work is truly available?”
If a homemaker can actually work, the court may impute income. However, if the homemaker cannot reasonably work full-time, the court should not pretend otherwise.
Income imputation can impact alimony, child support, attorney’s fees, and other aspects regarding the financial picture of the divorce. That is why imputed income usually turns into one of the most contested issues in a Florida divorce involving a stay-at-home parent or homemaker.
Homemakers And Division Of Assets In A Florida Divorce
Equitable distribution is the part of a Florida divorce where the court divides marital assets and marital debts. Florida courts “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.” Fla. Stat. § 61.075(1).
Those factors include “[t]he contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.” Fla. Stat. § 61.075(1)(a).
Importantly, a homemaker’s work matters when the Florida court divides marital property. Fla. Stat. § 61.075(1)(a). Cooking, cleaning, managing the household, and raising the children are not ignored.
Florida courts may also consider “[t]he economic circumstances of the parties,” “[t]he duration of the marriage,” “[a]ny interruption of personal careers or educational opportunities of either party,” and “[t]he contribution of one spouse to the personal career or educational opportunity of the other spouse.” Fla. Stat. § 61.075(1)(b)-(e). These factors often directly apply to stay-at-home parents and homemakers.
A homemaker does not automatically receive more than half of the marital estate just because that spouse performed homemaker services. In Gilliard v. Gilliard, the Fifth District explained that Florida courts start with the premise that equitable distribution should be equal. 162 So. 3d 1147, 1151 (Fla. 5th DCA 2015). A trial court may distribute marital assets and liabilities unequally, but if so, the court must justify the unequal distribution based on the relevant statutory factors listed in section 61.075(1)(a)-(j). Id. at 1151.
A long-term homemaker often claims that an equal split of assets is not enough because that spouse has limited income and future earning capacity, fewer retirement assets, or reduced career prospects because of years spent supporting the family. Fla. Stat. § 61.075(1)(a)-(e).
The marital home is usually one of the more important assets in a divorce involving a stay-at-home parent. Florida courts may consider “the desirability of retaining the marital home as a residence for any dependent child of the marriage” or for another party when it is equitable, in the child’s best interests, and financially feasible. Fla. Stat. § 61.075(1)(h).
So, a stay-at-home parent may request exclusive use and possession of the marital home, particularly when the children need stability and remaining in the home is financially possible. Id.
Of course, keeping the home is not realistic in every case. A homemaker who cannot afford the mortgage, taxes, insurance, and utilities may not benefit from being awarded the home.
A Florida court must divide assets in a way that realistically works. The court can consider the parties’ income, future earning capacity, finances, debts, parenting responsibilities, and the ability of each spouse to maintain the property awarded to him or her. Fla. Stat. § 61.075(1)(b), (h), (j).
A homemaker may not have earned the money used to acquire marital assets, but Florida recognizes that marital assets are not created by the spouse whose name appears on the paycheck alone. Fla. Stat. § 61.075(1)(a). The homemaker’s work supported the family unit, and Florida law requires courts to consider that contribution when dividing the marital estate. Id.
Stay-At-Home Parents And Parenting Plans In A Florida Divorce
When a Florida divorce involves children, the court must either establish or approve a parenting plan. A parenting plan governs how the parents will communicate with each other, make decisions for the children, and share time with the children after divorce.
Florida does not typically use the word “custody” anymore. Rather, Florida uses terms like “parenting plan,” “parental responsibility,” and “time-sharing.” Fla. Stat. § 61.13.
A parenting plan must, at a minimum, describe “how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.” Fla. Stat. § 61.13(2)(b)1. The plan must have a time-sharing schedule specifying “the time that the minor child will spend with each parent.” Fla. Stat. § 61.13(2)(b)2. It must specify who will be responsible for “health care, school-related matters, including the address to be used for school-boundary determination and registration, and other activities.” Fla. Stat. § 61.13(2)(b)3. Finally, it must describe “the methods and technologies that the parents will use to communicate with the child.” Fla. Stat. § 61.13(2)(b)4.
In my experience, the parenting plan can be just as important as alimony or equitable distribution for stay-at-home parents. When a parent has handled pickups, meals, appointments, activities, bedtime, and daily care, that parent likely wants the parenting plan to reflect that history.
The past matters: however, it does not decide everything.
A Florida court decides parental responsibility and time-sharing based on the best interests of the child. Fla. Stat. § 61.13(3). The statute states that “[f]or purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule,” the child’s best interests must be the primary consideration. Fla. Stat. § 61.13(3).
Additionally, Florida has a rebuttable presumption that equal time-sharing is in the child’s best interests. Fla. Stat. § 61.13(2)(c)1. So, a stay-at-home parent does not automatically receive majority time-sharing just because that parent did more of the daily caretaking during the marriage.
Still, the presumption of equal time-sharing can be rebutted by a preponderance of the evidence. Fla. Stat. § 61.13(2)(c)1. In cases where the parents disagree on a time-sharing schedule, the court must evaluate the statutory best-interest factors and make specific written findings of fact when creating or modifying a time-sharing schedule. Fla. Stat. § 61.13(2)(c)1.
Those best-interest factors can be very important for stay-at-home parents. Florida courts may consider “[t]he demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child,” “[t]he length of time the child has lived in a stable, satisfactory environment,” “[t]he demonstrated capacity and disposition of each parent to provide a consistent routine for the child,” and “[t]he particular parenting tasks customarily performed by each parent.” Fla. Stat. § 61.13(3)(d), (h), (j), (o). Accordingly, a stay-at-home parent can present evidence about the actual parenting work that parent performed.
In C.N. v. I.G.C., the Florida Supreme Court explained that the best interests of the child are decided by evaluating “all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.” 316 So. 3d 287, 288 (Fla. 2021); Fla. Stat. § 61.13(3).
Put simply, a Florida court should not decide time-sharing based on labels. The question is not just which parent stayed home and which parent worked outside the home. The question is what schedule serves the child’s best interests.
A stay-at-home parent often possesses strong evidence under the best-interest factors. The working parent also has rights, though. Florida public policy favors each minor child having frequent and continuing contact with each parent after the parents separate or divorce. Fla. Stat. § 61.13(2)(c)1.
A working parent should not be punished for having worked outside the home during the marriage. At the same time, a stay-at-home parent’s years of caregiving should not be erased.
In sum, the best parenting plan is not always the plan that feels best to the parents. It is the plan that best serves the children’s needs.
Stay-At-Home Parents And Child Support In Florida
I usually find that child support is the next issue that arises because Florida child support is affected by both parents’ incomes and the time-sharing schedule.
Regarding Florida child support, the court generally looks at each parent’s income, each parent’s allowable deductions, the parents’ combined net income, the number of children, health insurance, childcare costs, and the time-sharing schedule. Fla. Stat. § 61.30.
The income question can be complicated for a stay-at-home parent. That parent may not have a current income, may only have part-time income, or may only have income imputed to him or her if the court finds voluntary unemployment or underemployment. Fla. Stat. § 61.30(2)(b).
As discussed above, Florida law does not allow a court to simply guess what a homemaker could earn. The party seeking to impute income must prove voluntary unemployment or underemployment and identify the amount and source of the imputed income. Fla. Stat. § 61.30(2)(b)1.
Florida law further permits a court to deny imputing income to a parent if the court finds it necessary for that parent to stay home with the child. Fla. Stat. § 61.30(2)(b). In practice, that means that a stay-at-home parent’s child support calculation depends heavily on the facts. The court may inquire about whether the parent can work, what work is available, whether childcare is available, how old the children are, what the parenting plan needs, and whether staying home is necessary.
Time-sharing also affects child support. Florida adjusts child support when a parent exercises a “substantial amount of time” with the child. Fla. Stat. § 61.30(11)(b). For purposes of the adjustment, “substantial amount of time” means that a parent exercises time-sharing at least 20 percent of the overnights of the year. Fla. Stat. § 61.30(11)(b)8.
A parenting plan is not just about where the children sleep. It can also impact how much child support is paid.
In Williams v. Bossicot, the Fourth District reversed part of a child support award where the trial court found that the father had 23 percent of the overnights yet failed to apply the substantial time-sharing adjustment. 300 So. 3d 184, 185-87 (Fla. 4th DCA 2020). The court explained that, when a parent exercises at least 20 percent of the overnights, the child support calculation must take that time-sharing into account under section 61.30(11)(b). Id. at 186-87.
A stay-at-home parent with the majority of overnights can get a different child support amount than a stay-at-home parent who shares equal time. A working parent who exercises substantial time-sharing can also receive a child support adjustment under the guidelines. Fla. Stat. § 61.30(11)(b).
Florida courts are allowed to deviate from the guideline amount based on statutory factors. Fla. Stat. § 61.30(11)(a). Those factors include “[e]xtraordinary medical, psychological, educational, or dental expenses,” “[i]ndependent income of the child,” “[s]easonal variations in one or both parents’ incomes or expenses,” “[t]he parenting plan,” “[t]otal available assets of the obligee, obligor, and the child,” and any other adjustment needed to achieve “an equitable result.” Fla. Stat. § 61.30(11)(a)1., 2., 4., 10., 11.
Child support is not usually just a math problem. It depends on income, imputed income, insurance, childcare costs, parenting responsibilities, overnights, and other related needs of both households.
Temporary Relief And Attorney’s Fees For Homemakers In A Florida Divorce
A homemaker sometimes needs financial help before the final judgment is entered. A Florida divorce can take a long time. It may take months or even longer. During that time, expenses don’t just go away.
A stay-at-home spouse may request temporary alimony while the divorce is pending. In every dissolution proceeding, a party may claim “alimony and suit money” in the petition or by motion, and if the request is well founded, “the court shall allow a reasonable sum therefor.” Fla. Stat. § 61.071. A stay-at-home parent may also request temporary child support, as Florida courts may order either or both parents who owe a duty of support to pay child support in accordance with the child support guidelines. Fla. Stat. §§ 61.13(1)(a), 61.30. The court may also establish or approve a parenting plan that governs parental responsibility and time-sharing, such as a time-sharing schedule. Fla. Stat. § 61.13(2)(a)-(b).
Attorney’s fees are typically important for homemakers. Florida law permits courts to order one party to pay “a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending” a dissolution proceeding. Fla. Stat. § 61.16(1). The point of the statute is to ensure both parties have a similar ability to obtain competent legal counsel. Fla. Stat. § 61.16(1).
In Rosen v. Rosen, the Florida Supreme Court stated that need and ability to pay are the primary elements in deciding entitlement to attorney’s fees in chapter 61 proceedings; however, those elements are “not exclusive” and the court can consider “all the circumstances surrounding the suit.” 696 So. 2d 697, 700 (Fla. 1997).
The working spouse might control the income, credit cards, accounts, or marital funds. A spouse who stayed home should not be forced to litigate without having access to counsel while the other spouse uses marital income to pay for legal support.
Sometimes, a homemaker also seeks an interim partial distribution of marital assets. A court may enter an interim partial distribution order if the court finds “good cause” during the pendency of the dissolution action. Fla. Stat. § 61.075(5). The interim order must identify and value the marital and nonmarital assets and liabilities at issue, set apart the nonmarital assets and liabilities, and partially distribute the marital assets and liabilities. Fla. Stat. § 61.075(5). The interim order may be entered only “upon good cause shown and upon sworn motion establishing specific factual basis for the motion.” Fla. Stat. § 61.075(5)(a). The motion must further show “good cause why the matter should not be deferred until the final hearing.” Id. The court is required to account for the interim distribution in the final equitable distribution and to make specific findings that the partial distribution “will not cause inequity or prejudice to either party as to either party’s claims for support or attorney’s fees.” Fla. Stat. § 61.075(5)(b).
Temporary relief does not determine all final issues in the divorce. It is meant to keep the case both fair and workable while the parties move toward final judgment.
The Bottom Line About Stay-At-Home Parents In A Florida Divorce
When a Florida divorce involves a stay-at-home parent or homemaker, it requires careful review of the entire financial and parenting picture.
Alimony, imputed income, equitable distribution, parenting plans, child support, temporary relief, interim distributions, and attorney’s fees are all connected. A court cannot evaluate one issue fairly without understanding how it affects the others.
Importantly, Florida law does not punish a spouse for staying home. At the same time, Florida law does not automatically give a stay-at-home spouse everything that spouse requests.
The questions are what is equitable, what is supported by the evidence, and what is in the children’s best interests.
If you are a stay-at-home parent, homemaker, or the spouse of a stay-at-home parent going through a Florida divorce, contact my Florida family law firm to speak with an experienced Florida divorce attorney.
Russell Knight has practiced family law for more than 19 years and has handled thousands of divorces and family law cases involving alimony, equitable distribution, child support, parenting plans, attorney’s fees, and complex financial issues. As a divorce lawyer licensed in both Florida and Illinois, Russell regularly helps clients evaluate how homemaking, child care, financial dependence, and income disputes affect divorce litigation.
CASES AND STATUTES REFERENCED IN THE STAY-AT-HOME PARENTS AND HOMEMAKERS IN A FLORIDA DIVORCE ARTICLE
Fla. Stat. § 61.071 — Alimony Pendente Lite; Suit Money
Fla. Stat. § 61.075 — Equitable Distribution Of Marital Assets And Liabilities
Fla. Stat. § 61.13 — Support Of Children; Parenting And Time-Sharing
Fla. Stat. § 61.16 — Attorney’s Fees, Suit Money, And Costs
Fla. Stat. § 61.30 — Child Support Guidelines
Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
Brown v. Brown, 300 So. 2d 719 (Fla. 1st DCA 1974)
Wilkins v. Wilkins, 312 So. 3d 1278 (Fla. 1st DCA 2021)
Schram v. Schram, 932 So. 2d 245 (Fla. 4th DCA 2005)
Gilliard v. Gilliard, 162 So. 3d 1147 (Fla. 5th DCA 2015)
C.N. v. I.G.C., 316 So. 3d 287 (Fla. 2021)
Williams v. Bossicot, 300 So. 3d 184 (Fla. 4th DCA 2020)
Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
FREQUENTLY ASKED QUESSTIONS ABOUT STAY-AT-HOME PARENTS AND HOMEMAKERS IN A FLORIDA DIVORCE
Does A Stay-At-Home Spouse Automatically Get Alimony In Florida? No, alimony is not automatic in Florida. The spouse who wants alimony needs to prove both a need for support and the other spouse’s ability to pay. Important factors might be homemaking, child care, career interruption, earning capacity, marriage length, and the standard of living during the marriage.
Can A Florida Court Impute Income To A Stay-At-Home Parent? Yes, but only if the evidence supports it. Florida allows income to be imputed when unemployment or underemployment is voluntary. The party who wants imputation needs to identify the amount and source of the imputed income and also prove that the income is based on available work for which the parent is qualified. Also, Florida courts can refuse to impute income if it is necessary for the parent to stay home with the child.
Does A Stay-At-Home Parent Automatically Get Majority Time-Sharing In Florida? No, Florida courts determine parental responsibility and time-sharing based on the child’s best interests. Florida also has a rebuttable presumption that equal time-sharing is in the child’s best interests. A stay-at-home parent’s caregiving history matters, yet it does not automatically determine the parenting plan.
Can A Homemaker Get Attorney’s Fees In A Florida Divorce? Yes, Florida courts could order one party to pay a reasonable amount for attorney’s fees, suit money, and costs after considering the financial resources of all the parties. The point is to ensure that both parties have a similar ability to obtain competent legal support.
What Should A Stay-At-Home Parent Prove In A Florida Divorce? A stay-at-home parent should be ready to prove parenting responsibilities, current income, financial need, possible future earning capacity, practical cost of maintaining separate households, prior homemaking contributions, and the children’s routines.
