Florida Statute 61.076 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.076

61.076 Distribution of retirement plans upon dissolution of marriage.—

(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.

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F.S. 61.076 on CourtListener

Amendments to 61.076

Annotations, Discussions, Cases:

Cases Citing Statute 61.076

Total Results: 30

DeLoach v. DeLoach

590 So. 2d 956, 1991 WL 248697

District Court of Appeal of Florida | Filed: Nov 21, 1991 | Docket: 1512607

Cited 28 times | Published

61.075. Moreover, Hennessey did not refer to Section 61.076(1), Florida Statutes (Supp. 1988), which, like

Brock v. Brock

690 So. 2d 737, 1997 WL 154366

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 436601

Cited 24 times | Published

1992); § 61.075(5)(a), Fla.Stat. (1995). [3] § 61.076, Fla.Stat. (1995); Vaccaro v. Vaccaro, 677 So

Boyett v. Boyett

703 So. 2d 451, 1997 WL 759366

Supreme Court of Florida | Filed: Dec 11, 1997 | Docket: 1348757

Cited 21 times | Published

075(5)(a), Florida Statutes (1993),[3] and to section 61.076(1), Florida Statutes (1993).[4] Likewise, we

Acker v. Acker

904 So. 2d 384, 2005 WL 851010

Supreme Court of Florida | Filed: Apr 14, 2005 | Docket: 103498

Cited 20 times | Published

compensation, and insurance plans and programs"); § 61.076(1), Fla. Stat. (2003) ("All vested and nonvested

McMahan v. McMahan

567 So. 2d 976, 1990 WL 146914

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1380769

Cited 18 times | Published

now been codified in the Florida Statutes. See § 61.076, Fla. Stat. (Supp. 1988). See also § 61.075(3)(a)4

Johnson v. Johnson

726 So. 2d 393, 1999 WL 69655

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 1711571

Cited 12 times | Published

subject to equitable distribution pursuant to section 61.076(1), Florida Statutes (1997).[1] The Husband

Crockett v. Crockett

708 So. 2d 329, 1998 WL 148718

District Court of Appeal of Florida | Filed: Apr 2, 1998 | Docket: 1528246

Cited 11 times | Published

Coffee for over 18 years during the marriage. Section 61.076(1), Florida Statutes (1995), provides: All

Bd. of Pension Trustees v. Vizcaino

635 So. 2d 1012, 1994 WL 141209

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1705692

Cited 11 times | Published

pension plan to the non-participant spouse. Section 61.076 reiterates that all interests in retirement

Gaetani-Slade v. Slade

852 So. 2d 343, 2003 WL 21939026

District Court of Appeal of Florida | Filed: Aug 14, 2003 | Docket: 1711063

Cited 6 times | Published

marital assets subject to equitable distribution." § 61.076(1), Fla. Stat. (2000); Crockett v. Crockett, 708

Gibbons v. Gibbons

10 So. 3d 127, 2009 Fla. App. LEXIS 2216, 2009 WL 691179

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1642624

Cited 5 times | Published

plan, subject to equitable distribution under section 61.076(1). Once the husband reaches age 62, the wife

Rumler v. Rumler

932 So. 2d 1165, 2006 WL 1752256

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1285862

Cited 5 times | Published

compensation, and insurance plans and programs"); § 61.076(1) ("All vested and nonvested benefits, rights

Anciaux v. Anciaux

666 So. 2d 577, 1996 WL 16588

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 452673

Cited 4 times | Published

judge declared in his order that pursuant to section 61.076, Florida Statutes (1993), the former husband's

In Re Kauffman

299 B.R. 641, 16 Fla. L. Weekly Fed. B 266, 2003 Bankr. LEXIS 1198, 2003 WL 22221205

United States Bankruptcy Court, M.D. Florida | Filed: Sep 15, 2003 | Docket: 1821205

Cited 3 times | Published

to Fla. Stat. § 121.131. The court found that § 61.076[4] of the Florida Statutes created an exception

White v. White

710 So. 2d 208, 1998 WL 216093

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 1731570

Cited 2 times | Published

marital assets subject to equitable distribution." § 61.076(1), Fla. Stat. (1995); Anciaux v. Anciaux, 666

Fairchild v. Fairchild

135 So. 3d 537, 2014 WL 1325692, 2014 Fla. App. LEXIS 5011

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60239686

Cited 1 times | Published

compensation, and insurance plans and programs”); § 61.076(1), Fla. Stat. (2011) (instructing that “[a]ll

Brathwaite v. Brathwaite

58 So. 3d 398, 2011 Fla. App. LEXIS 5350, 2011 WL 1413319

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60299357

Cited 1 times | Published

Husband’s contention that the award was improper. Section 61.076(1), Florida Statutes, states, “[a]ll vested

Santiago v. Santiago

749 So. 2d 584, 2000 WL 85265

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 1690382

Cited 1 times | Published

divide the debt between the parties. NOTES [1] § 61.076, Fla. Stat. (1997). [2] § 61.075(1) and (3);

Siegel v. Siegel

700 So. 2d 414, 1997 WL 586790

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1374030

Cited 1 times | Published

to meet obligations imposed by the chapter. Section 61.076(1), Florida Statutes (1995), declares "all

Lindsay Wallace v. Andrew Wallace

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890935

Published

active contributions after the filing date. Section 61.076, Florida Statutes (2024), provides that “[a]ll

DUHAMEL v. DUHAMEL

District Court of Appeal of Florida | Filed: Apr 26, 2024 | Docket: 68428377

Published

assets subject to equitable distribution." § 61.076(1). The cut-off date

JONI BARTOLOTTA v. ALAN BARTOLOTTA

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290058

Published

61.075(5)(a), Florida Statutes (1993), and section 61.076(1), Florida Statutes (1993).1 The trial court

MARLENE CUPO v. THOMAS J. CUPO

District Court of Appeal of Florida | Filed: Dec 21, 2022 | Docket: 66673992

Published

equitably divide it. The court erred. Section 61.076, Florida Statutes (2018), provides:

ANDREW CARDARELLI v. TRACY CARDARELLI/FORGERON

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879602

Published

Following Diffenderfer, the legislature enacted section 61.076, Florida Statutes, which governs the distribution

David Michael Martin, Former Husband v. Dawn Turner Martin, Former Wife

District Court of Appeal of Florida | Filed: Jun 20, 2019 | Docket: 15808813

Published

and insurance plans and programs”); see also § 61.076(1), Fla. Stat. (“All vested and nonvested benefits

David Howell Storey v. Delfina P. Storey

192 So. 3d 670, 2016 WL 3087801, 2016 Fla. App. LEXIS 8329

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071367

Published

075(5)(a), Florida Statutes (1993), and to section 61.076(1), Florida Statutes (1993). Id.

Ingram v. Ingram

133 So. 3d 1205, 2014 WL 948888, 2014 Fla. App. LEXIS 3495

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238724

Published

included in the judgment. See § 61.076, Fla. Stat (1993). Pursuant to section 61.076(2)(c), the amount of the

Wildtraut v. Wildtraut

787 So. 2d 182, 2001 Fla. App. LEXIS 6260, 2001 WL 497321

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 64806061

Published

assets with the exception of the wife’s IRA. Section 61.076(1), Florida Statutes (1997), provides that

Nelson v. Nelson

733 So. 2d 603, 1999 Fla. App. LEXIS 8008, 1999 WL 395840

District Court of Appeal of Florida | Filed: Jun 17, 1999 | Docket: 64788421

Published

increased in value during the marriage. We affirm. See § 61.076(1), Fla. Stat. (1997). Katherine Nelson cross-appeals

Brock v. Brock

690 So. 2d 737, 1997 Fla. App. LEXIS 3178

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64772188

Published

DCA 1992); § 61.075(5)(a), Fla.Stat. (1995). . § 61.076, Fla.Stat. (1995); Vaccaro v. Vaccaro, 677 So

Essex v. Essex

649 So. 2d 293, 1995 Fla. App. LEXIS 221, 1995 WL 17530

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 64753778

Published

distribution, § 61.075(5)(a), Fla.Stat. (1993); § 61.076(1), Fla.Stat. (1993); Diffenderfer v. Diffenderfer