(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 uniformed services;
(b) Certification that the Servicemembers Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;
(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.
(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order.
History.—s. 3, ch. 88-98; s. 5, ch. 2007-5.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part I - General Provisions (Ss. 61.001-61.45)
61.011 - Dissolution in chancery.
61.021 - Residence requirements.
61.031 - Dissolution of marriage to be a vinculo.
61.044 - Certain existing defenses abolished.
61.052 - Dissolution of marriage.
61.061 - Proceedings against nonresidents.
61.071 - Alimony pendente lite; suit money.
61.075 - Equitable distribution of marital assets and liabilities.
61.076 - Distribution of retirement plans upon dissolution of marriage.
61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
61.079 - Premarital agreements.
61.09 - Alimony and child support unconnected with dissolution.
61.12 - Attachment or garnishment of amounts due for alimony or child support.
61.125 - Parenting coordination.
61.13 - Support of children; parenting and time-sharing; powers of court.
61.13001 - Parental relocation with a child.
61.13003 - Court-ordered electronic communication between a parent and a child.
61.1301 - Income deduction orders.
61.13015 - Petition for suspension or denial of professional licenses and certificates.
61.13016 - Suspension of driver licenses and motor vehicle registrations.
61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
61.16 - Attorney’s fees, suit money, and costs.
61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
61.1812 - Child Support Incentive Trust Fund.
61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
61.1816 - Child Support Clearing Trust Fund.
61.1824 - State Disbursement Unit.
61.1825 - State Case Registry.
61.183 - Mediation of certain contested issues.
61.19 - Entry of judgment of dissolution of marriage, delay period.
61.20 - Social investigation and recommendations regarding a parenting plan.
61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
61.29 - Child support guidelines; principles.
61.30 - Child support guidelines; retroactive child support.
61.401 - Appointment of guardian ad litem.
61.402 - Qualifications of guardians ad litem.
61.403 - Guardians ad litem; powers and authority.
61.404 - Guardians ad litem; confidentiality.
61.405 - Guardians ad litem; immunity.
61.45 - Court-ordered parenting plan; risk of violation; bond.