Florida Florida Statutes

§ 61.076 — Distribution of retirement plans upon dissolution of marriage

FS § 61.076Ch. 61

Statute text

(1)All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

(2)If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:(a) Sufficient information to identify the member of the unFssets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed period of time.

(b)If installment payments are ordered, the court may require security and a reasonable rate of interest or may otherwise recognize the time value of the money to be paid in the judgment or order.

(c)This subsection does not preclude the application of chapter 55 to any subsequent default.

(11)Special equity is abolished. All claims formerly identified as special equity, and all special equity calculations, are abolished and shall be asserted either as a claim for unequal distribution of marital property and resolved by the factors set forth in subsection (1) or as a claim of enhancement in value or appreciation of nonmarital property.

Legislative history

s. 1, ch. 88-98; s. 2, ch. 91-246; s. 3, ch. 93-188; s. 1, ch. 94-204; s. 1, ch. 96-305; s. 1, ch. 2002-244; s. 1, ch. 2008-46; s. 1, ch. 2018-56; s. 1, ch. 2024-237.