Florida Statutes

Fla. Stat. § 61.076 (2025)

Distribution of retirement plans upon dissolution of marriage.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 38 cases (8 in the last 5 years), 1990–2026 · leading case: Acker v. Acker, 904 So. 2d 384 (Fla. 2005).

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Acker v. Acker, 904 So. 2d 384 (Fla. 2005). · cites it 5× “(2003) (defining "marital assets" to include "[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs"); § 61.076(1), Fla. Stat. (2003) ("All…”

Johnson v. Johnson, 726 So. 2d 393 (Fla. 1st DCA 1999). · cites it 8× “The trial court in the instant case treated the Husband's Social Security Replacement Plan as a marital asset subject to equitable distribution pursuant to section 61.076(1), Florida Statutes (1997).”

Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997). · cites it 4× “075(5)(a), Florida Statutes (1993), [3] and to section 61.076(1), Florida Statutes (1993).”

Anciaux v. Anciaux, 666 So. 2d 577 (Fla. 2d DCA 1996). · cites it 6× “The trial judge declared in his order that pursuant to section 61.076, Florida Statutes (1993), the former husband's military retirement plan was not considered a marital asset because the parties were not married for at least ten years while he was a member of the federal…”

Gray v. Gray, 101 S.W.3d 816 (Ark. 2003). · cites it 2× “Florida's equitable distribution statute provides that "[a]ll vested and non-vested 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…”

DeLoach v. DeLoach, 590 So. 2d 956 (Fla. 1st DCA 1991). · cites it 2× “" Both statutes are expressly made applicable "to all proceedings commenced after the effective date of this act[,]" which was October 1, 1988.”

Brock v. Brock, 690 So. 2d 737 (Fla. 5th DCA 1997). · cites it 2× “[2] See Brotman v. Brotman, 528 So.2d 550 (Fla.”

Skelton v. Skelton, 5 S.W.3d 2 (Ark. 1999). · cites it 2× “Florida's equitable distribution statute provides that "[a]ll vested and non-vested 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…”

McMahan v. McMahan, 567 So. 2d 976 (Fla. 1st DCA 1990). · cites it 2× “See § 61.076, Fla. Stat. (Supp. 1988). See also § 61.”

Gibbons v. Gibbons, 10 So. 3d 127 (Fla. 2d DCA 2009). · cites it 3× “(2003) (defining “marital assets” to include “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076(1) (“All vested and nonvested…”

Gaetani-Slade v. Slade, 852 So. 2d 343 (Fla. 1st DCA 2003). · cites it 2× “" § 61.076(1), Fla. Stat. (2000); Crockett v.”

In Re Kauffman, 299 B.R. 641 (Bankr. M.D. Fla. 2003). · cites it 4× “The court found that § 61.076 4 of the Florida Statutes created an exception to the prohibition against assignment set forth in § 121.”

Show all 38 citing cases →

— 61.076(1) — 25 cases

Acker v. Acker, 904 So. 2d 384 (Fla. 2005). “(2003) (defining "marital assets" to include "[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs"); § 61.076(1), Fla. Stat. (2003) ("All…”

Johnson v. Johnson, 726 So. 2d 393 (Fla. 1st DCA 1999). “The trial court in the instant case treated the Husband's Social Security Replacement Plan as a marital asset subject to equitable distribution pursuant to section 61.076(1), Florida Statutes (1997).”

Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997). “075(5)(a), Florida Statutes (1993), [3] and to section 61.076(1), Florida Statutes (1993).”

DeLoach v. DeLoach, 590 So. 2d 956 (Fla. 1st DCA 1991). “" Both statutes are expressly made applicable "to all proceedings commenced after the effective date of this act[,]" which was October 1, 1988.”

Gibbons v. Gibbons, 10 So. 3d 127 (Fla. 2d DCA 2009). “(2003) (defining “marital assets” to include “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076(1) (“All vested and nonvested…”

— 61.076(2) — 3 cases

Anciaux v. Anciaux, 666 So. 2d 577 (Fla. 2d DCA 1996). “The trial judge declared in his order that pursuant to section 61.076, Florida Statutes (1993), the former husband's military retirement plan was not considered a marital asset because the parties were not married for at least ten years while he was a member of the federal…”

Bd. of Pension Trs. v. Vizcaino, 635 So. 2d 1012 (Fla. 1st DCA 1994).

Kristina Harris v. Jermaine Harris (Fla. 6th DCA 2026).

— 61.076(2)(c) — 2 cases

Ingram v. Ingram, 133 So. 3d 1205 (Fla. 2d DCA 2014).

Kristina Harris v. Jermaine Harris (Fla. 6th DCA 2026).

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