Divorce After a Short Marriage in Florida: 2026 Legal Guide

Divorce after a short marriage in Florida follows the same no-fault dissolution process as any other divorce, but the financial outcomes differ significantly. Under Fla. Stat. § 61.08, Florida classifies any marriage lasting fewer than 10 years as a "short-term marriage," which limits alimony to 50% of the marriage duration and prohibits durational alimony entirely for marriages under 3 years. The filing fee is approximately $408, the mandatory waiting period is 20 days under Fla. Stat. § 61.19, and property division follows equitable distribution principles under Fla. Stat. § 61.075. Couples married less than a year may find that divorce closely resembles simply unwinding a brief financial partnership rather than a lengthy legal battle.

Reviewed by Antonio G. Jimenez, Esq., Florida Bar No. 21022.

How Does Florida Define a Short Marriage for Divorce Purposes?

Florida law defines a short-term marriage as one lasting fewer than 10 years, measured from the date of marriage to the date the divorce petition is filed, under Fla. Stat. § 61.08(5). This classification directly limits the type and duration of alimony a court may award. Marriages lasting fewer than 3 years receive no durational alimony whatsoever under the 2023 alimony reform (Chapter 2023-315, Laws of Florida, effective July 1, 2023).

The short-term marriage classification is one of three tiers in Florida family law. A moderate-term marriage spans 10 to 20 years, and a long-term marriage exceeds 20 years. Each tier carries different presumptions about alimony eligibility. For couples seeking a divorce after a short marriage in Florida, the sub-10-year classification means the requesting spouse faces a higher burden to demonstrate financial need.

Florida courts measure marriage duration from the wedding date to the filing date of the petition for dissolution. Periods of separation do not reduce the calculated length. A couple who married on January 1, 2024 and filed for divorce on June 1, 2026 would have a marriage duration of approximately 2 years and 5 months, firmly within the short-term category. Florida courts do not recognize "legal separation" as a formal status, so separated couples remain legally married until a final judgment is entered.

What Are the Requirements to File for Divorce in Florida After a Brief Marriage?

Florida requires at least one spouse to have resided in the state for a minimum of 6 months before filing a divorce petition, as mandated by Fla. Stat. § 61.021. The filing fee is approximately $408 in most Florida counties, and the court imposes a mandatory 20-day waiting period between filing and the entry of a final judgment under Fla. Stat. § 61.19.

To initiate a divorce after a short marriage in Florida, the petitioning spouse must file a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Florida is a no-fault divorce state. The only ground required is that the marriage is "irretrievably broken" under Fla. Stat. § 61.052. Neither spouse needs to prove adultery, abandonment, or any other fault-based ground.

For couples married less than a year who agree on all terms, Florida offers a simplified dissolution procedure under Fla. Stat. § 61.052(2). Simplified dissolution is available when both spouses agree the marriage is irretrievably broken, the couple has no minor children, neither spouse is pregnant, and both parties have agreed on the division of all assets and debts. Both spouses must appear together at the final hearing. The simplified process can resolve a brief marriage divorce in as few as 30 days from filing.

Standard uncontested divorces for short marriages typically conclude within 30 to 90 days. Contested cases involving disputes over property or alimony may take 6 to 12 months, even for marriages that lasted only a few years.

How Is Property Divided in a Short Marriage Divorce in Florida?

Florida courts divide marital property using equitable distribution, beginning with a presumption of equal (50/50) division under Fla. Stat. § 61.075. In a short marriage, the limited time frame means fewer assets typically qualify as marital property, which often simplifies the division process. Courts may deviate from equal division based on 10 statutory factors, including each spouse's contribution and the duration of the marriage.

The distinction between marital and nonmarital property is especially important in a divorce after a short marriage in Florida. Marital assets include all property and debts acquired during the marriage, regardless of how they are titled. Nonmarital assets include property owned before the marriage, inherited property, and gifts received by one spouse individually. In a marriage lasting 1 to 3 years, much of each spouse's wealth may predate the marriage and remain classified as nonmarital property.

Florida courts consider intentional dissipation or waste of marital assets within 2 years before filing as a factor in equitable distribution under Fla. Stat. § 61.075(1)(i). In a short-term marriage, this 2-year lookback period could encompass the entire marriage. A spouse who depleted joint savings or ran up excessive debt during a 1-year marriage may receive a smaller share of the remaining marital estate.

Retirement accounts, pensions, and 401(k) contributions made during the marriage are marital assets subject to division, even in a short marriage. The marital portion is limited to contributions and growth accrued between the wedding date and the filing date. For a 2-year marriage, the marital share of a retirement account is typically modest compared to a 20-year marriage.

Is Alimony Available After a Short Marriage in Florida?

Alimony after a short marriage in Florida is limited but not impossible. Under Fla. Stat. § 61.08, as reformed by SB 1416 (effective July 1, 2023), durational alimony cannot be awarded for marriages lasting fewer than 3 years. For short marriages between 3 and 10 years, durational alimony is capped at 50% of the marriage length. Bridge-the-gap alimony remains available for all marriage lengths, limited to a maximum of 2 years.

The 2023 alimony reform eliminated permanent alimony in Florida entirely. This change is particularly significant for short-term marriage divorce cases because it removed any possibility of an open-ended alimony obligation from a brief marriage. The reform applies to all petitions filed on or after July 1, 2023.

Florida courts may award the following types of alimony after a short marriage:

• Bridge-the-gap alimony: Available for marriages of any duration, limited to 2 years maximum, designed to help a spouse transition from married to single life. Bridge-the-gap alimony is nonmodifiable and terminates upon the death of either party or remarriage of the recipient under Fla. Stat. § 61.08(6).
• Rehabilitative alimony: Available for all marriage lengths, capped at 5 years, requires a specific plan for education or job training. Courts may award rehabilitative alimony when one spouse sacrificed career development during even a short marriage under Fla. Stat. § 61.08(7).
• Durational alimony: Only available for marriages lasting 3 years or longer. For a 5-year marriage, durational alimony cannot exceed 2.5 years (50% of marriage length) under Fla. Stat. § 61.08(8).

To receive any alimony, the requesting spouse must demonstrate both a need for support and the other spouse's ability to pay. Florida courts consider 14 statutory factors including the standard of living during the marriage, each spouse's earning capacity, and the duration of the marriage. For couples married less than a year, alimony awards are rare and typically limited to short-term bridge-the-gap support.

Can You Get an Annulment Instead of a Divorce for a Short Marriage in Florida?

Florida does not have a comprehensive annulment statute, but courts may grant annulments ("void" or "voidable" marriage declarations) under limited circumstances defined by case law rather than a specific statutory chapter. An annulment treats the marriage as though it never legally existed, while a divorce ends a valid marriage. Most couples seeking to end a brief marriage will file for divorce, not an annulment.

Annulment in Florida requires proving one of these specific grounds:

• One or both spouses lacked the mental capacity to consent to the marriage
• The marriage was entered into under fraud, duress, or misrepresentation
• One spouse was underage at the time of marriage without proper consent
• One spouse was already legally married to another person (bigamy)
• The parties are too closely related (incest)

Simply being married for a short period does not qualify for annulment in Florida. A couple married for 3 months who simply changed their minds must file for divorce, not an annulment. The distinction matters because an annulled marriage eliminates any claim to alimony or equitable distribution, while a divorce preserves those rights. For a quick marriage divorce in Florida, the standard dissolution process under Fla. Stat. § 61.052 is almost always the correct legal path.

What Happens to Debt Acquired During a Short Marriage?

Debts incurred during a short marriage are classified as marital liabilities and divided through equitable distribution under Fla. Stat. § 61.075, starting with a presumption of equal responsibility. Florida courts treat debts the same as assets: marital debts are divided equitably, while premarital debts remain the responsibility of the spouse who incurred them.

In a divorce after a short marriage in Florida, debt division frequently involves credit cards opened during the marriage, vehicle loans, medical bills, and sometimes student loans incurred during the marriage for joint benefit. Debt that one spouse brought into the marriage remains that spouse's separate obligation. Florida courts may assign a disproportionate share of marital debt to the spouse who incurred it if the spending did not benefit the marriage.

For marriages lasting under 2 years, the total marital debt is often manageable enough that couples can negotiate a division without court intervention. Common approaches include each spouse assuming the debts in their own name, selling jointly owned assets to pay off shared debts, or one spouse accepting more debt in exchange for keeping a specific asset.

How Does a Prenuptial Agreement Affect a Short Marriage Divorce?

A valid prenuptial agreement controls property division, alimony rights, and debt allocation in a short marriage divorce, superseding Florida's default equitable distribution rules under Fla. Stat. § 61.079. Courts enforce prenuptial agreements unless the challenging spouse proves the agreement was signed under fraud, duress, or without full financial disclosure.

Prenuptial agreements are particularly powerful in short-term marriage divorce cases because they can specify that each spouse retains their premarital assets entirely, waive alimony rights regardless of need, define how any marital property acquired during the brief marriage will be divided, and allocate responsibility for debts. Under Fla. Stat. § 61.079(7), a prenuptial agreement is enforceable unless the challenging spouse proves they did not sign voluntarily or the agreement was unconscionable when signed and they were not provided fair disclosure of the other party's finances.

Florida courts have upheld prenuptial agreements even in marriages lasting only a few months, provided the agreement met the statutory requirements at the time of execution. For couples who married quickly and are now seeking a divorce after a short marriage in Florida, an existing prenuptial agreement often streamlines the process significantly by removing contested issues from the table.

What Is the Cost of Divorce After a Short Marriage in Florida?

The total cost of a divorce after a short marriage in Florida ranges from approximately $500 for an uncontested simplified dissolution to $5,000 to $15,000 or more for a contested case. The base court filing fee is approximately $408 in most Florida counties. Additional costs include service of process fees ($10 to $75 for personal service or $5 to $10 for certified mail), mandatory parenting course fees ($25 to $50 if minor children are involved), and attorney fees if legal representation is retained.

As of March 2026. Verify current filing fees with your local clerk of court.

Short marriage divorces typically cost less than long-term marriage divorces because fewer assets and debts require division, alimony disputes are limited by statutory caps, and shorter marriages generally produce less financial complexity. Couples married less than a year who agree on all issues can complete a simplified dissolution for under $1,000 including the filing fee and minimal legal assistance.

Florida courts may order one spouse to pay the other's attorney fees and costs under Fla. Stat. § 61.16 when there is a significant disparity in financial resources. In a short marriage, fee awards are less common because courts consider the duration of the marriage when evaluating fee requests.

How Long Does a Short Marriage Divorce Take in Florida?

An uncontested divorce after a short marriage in Florida can be finalized in as few as 30 days, while contested cases typically take 6 to 12 months. The mandatory minimum waiting period is 20 days from filing under Fla. Stat. § 61.19. Simplified dissolutions for couples without children who agree on all terms are the fastest path, often completed within 4 to 6 weeks.

The timeline depends on whether the divorce is contested or uncontested. In an uncontested case, both spouses agree on all issues including property division, debt allocation, and any alimony. The petitioner files the petition, the respondent files an answer or waiver, both parties submit financial affidavits, and the court schedules a final hearing. Many Florida circuit courts schedule uncontested final hearings within 2 to 4 weeks of the case being at issue.

Contested divorces involve discovery, depositions, mediation, and potentially trial. Florida requires mediation before trial in family law cases in most circuits. Even for a short marriage with limited assets, a contested case can extend 6 to 12 months if the parties dispute alimony eligibility or the classification of assets as marital versus nonmarital. Cases involving business valuations or complex financial instruments may take longer.

What Are the Tax Implications of a Short Marriage Divorce in Florida?

Florida imposes no state income tax, so the primary tax considerations in a short marriage divorce involve federal filing status, property transfer rules, and alimony tax treatment. Under the Tax Cuts and Jobs Act of 2017 (applicable to divorce agreements executed after December 31, 2018), alimony payments are not tax-deductible for the payer and are not taxable income for the recipient.

Property transfers between spouses incident to divorce are tax-free under Internal Revenue Code Section 1041. This applies regardless of marriage duration. A spouse who receives an asset in equitable distribution takes the transferring spouse's tax basis, which may create future capital gains implications when the asset is sold.

For couples who divorce midyear, filing status for the entire tax year is determined by marital status on December 31. Spouses whose divorce is finalized before year-end must file as single or head of household (if they qualify). Those still legally married on December 31 may file jointly or married filing separately. In a short marriage lasting less than a year, the couple may have only one tax year to consider, simplifying the analysis.

Frequently Asked Questions

Can I get a divorce in Florida if I have been married for less than one year?

Yes. Florida imposes no minimum marriage duration to file for divorce. A spouse who has been a Florida resident for at least 6 months under Fla. Stat. § 61.021 may file for dissolution immediately, even after a marriage lasting only days or weeks. The filing fee is approximately $408, and the minimum waiting period is 20 days.

Does Florida have a minimum marriage length requirement for divorce?

No. Florida has no minimum marriage length requirement. Couples married for any duration, from one day to 50 years, may file for dissolution of marriage under Fla. Stat. § 61.052. The only ground required is that the marriage is "irretrievably broken." Marriage duration affects alimony eligibility and caps, but not the right to file.

Will I have to pay alimony after a marriage lasting less than 3 years?

Durational alimony is prohibited for marriages lasting fewer than 3 years under Fla. Stat. § 61.08. Bridge-the-gap alimony (up to 2 years) and rehabilitative alimony (up to 5 years with a specific plan) remain available regardless of marriage length. Courts rarely award any alimony for marriages under 1 year absent extraordinary circumstances.

Can I keep my premarital assets in a short marriage divorce in Florida?

Yes. Under Fla. Stat. § 61.075, assets owned before the marriage are classified as nonmarital property and are not subject to equitable distribution. The owning spouse must demonstrate the premarital origin through documentation such as account statements or purchase records. Commingled assets may lose their nonmarital character.

Is a simplified divorce available for short marriages in Florida?

Yes. Florida's simplified dissolution under Fla. Stat. § 61.052(2) is available to couples who have no minor children, have agreed on all property and debt division, and both appear at the final hearing. Marriage duration is not a factor in eligibility. The simplified process can finalize a divorce in approximately 30 days.

How does the 2023 alimony reform affect short marriage divorces?

The 2023 alimony reform (SB 1416, effective July 1, 2023) eliminated permanent alimony entirely and capped durational alimony at 50% of marriage length for short-term marriages under Fla. Stat. § 61.08. The reform also introduced the 3-year minimum marriage requirement for durational alimony. These changes apply to all petitions filed on or after July 1, 2023.

What if my spouse does not agree to the divorce after a short marriage?

Florida is a no-fault state, meaning one spouse alone can file and obtain a divorce under Fla. Stat. § 61.052. The other spouse's agreement is not required. If the respondent contests the petition, the court may order counseling or continue the case for up to 3 months, but ultimately grants the dissolution if one spouse maintains the marriage is irretrievably broken.

Can I get a divorce in Florida if we married in another state?

Yes. Florida courts have jurisdiction over any dissolution case where at least one spouse has been a Florida resident for 6 months before filing under Fla. Stat. § 61.021. The location of the marriage ceremony is irrelevant. Florida courts regularly dissolve marriages performed in other states and countries.

What financial documents do I need for a short marriage divorce in Florida?

Florida requires both parties to file a Financial Affidavit (Form 12.902(b) for income under $50,000 or Form 12.902(c) for income over $50,000) and provide mandatory financial disclosure under Fla. Stat. § 61.052. Required documents include tax returns for the past 3 years, pay stubs for the past 3 months, bank statements, retirement account statements, and a list of all assets and liabilities.

Should I hire a lawyer for a short marriage divorce?

An attorney is not legally required for a Florida divorce, but legal representation is advisable if the case involves disputed property, alimony claims, minor children, or complex financial issues. For an uncontested short marriage divorce with no children, many couples complete the process using Florida Supreme Court Approved Family Law Forms available through the clerk of court. Attorney fees for uncontested cases typically range from $500 to $2,500.