Florida Statute 61.11 - 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. 61.11

61.11 Writs.—

(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it.

(2)(a) When the court issues a writ of bodily attachment in connection with a court-ordered support obligation, the writ or attachment to the writ must include, at a minimum, such information on the respondent’s physical description and location as is required for entry of the writ into the Florida Crime Information Center telecommunications system and authorization for the assessment and collection of the actual costs associated with the service of the writ and transportation of the respondent in compliance thereof. The writ shall direct that service and execution of the writ may be made on any day of the week and any time of the day or night.

(b) The clerk of the court shall forward a copy of the writ for service to the sheriff of the county in which the writ is issued.

(c) Upon receipt of a writ from the clerk of the court, the sheriff shall enter the information on any unserved writ into the Florida Crime Information Center telecommunications system to make the information available to other law enforcement agencies within the state. The writ shall be enforceable in all counties of the state.

(d) Upon receipt of the purge payment, the receiving agency shall provide the subject with a written receipt acknowledging such payment, which must be carried on the person of the respondent for a period of at least 30 days from the date of payment as proof of such payment. A sheriff receiving such payment shall forward the funds to the sheriff who entered the information about the writ into the Florida Crime Information Center telecommunications system and who shall forward the funds to the appropriate clerk of court.

(e) After a writ is modified, purged, recalled, terminated, or otherwise rendered ineffective by ruling of the court, the clerk of the court shall notify the sheriff receiving the original writ. That agency shall modify or cancel the entry in the Florida Crime Information Center telecommunications system in accordance with such notification.

History.—s. 13, Oct. 31, 1828; RS 1487; GS 1935; RGS 3198; CGL 4990; s. 16, ch. 67-254; s. 13, ch. 71-241; s. 2, ch. 92-138; s. 322, ch. 95-147; s. 52, ch. 96-175; s. 1, ch. 96-190; s. 3, ch. 2001-158.

Note.—Former s. 65.11.

F.S. 61.11 on Google Scholar

F.S. 61.11 on CourtListener

Amendments to 61.11

Annotations, Discussions, Cases:

Cases Citing Statute 61.11

Total Results: 57

Rosen v. Rosen

696 So. 2d 697, 1997 WL 196642

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 1695921

Cited 312 times | Published

fairness as opposed to the strict rule of law. See § 61.011, Fla.Stat. (1995) ("Proceedings under this chapter

Delta Air Lines, Inc., Plaintiff-Counter-Claimant, Cross v. Air Line Pilots Association, International, Defendant-Counter-Claimant, Cross-Appellee

861 F.2d 665

Court of Appeals for the Eleventh Circuit | Filed: Jan 23, 1989 | Docket: 817483

Cited 92 times | Published

Ann. § 360.075 Mississippi — Miss.Code Ann. § 61-11-1 Montana — Mont. Code Ann. § 67-1-204(7)

Wade v. Hirschman

903 So. 2d 928, 2005 WL 1243537

Supreme Court of Florida | Filed: May 26, 2005 | Docket: 1257811

Cited 60 times | Published

to work equity in chapter 61 proceedings. See § 61.011, Fla. Stat. (2004) ("Proceedings under this chapter

Ryan v. Ryan

277 So. 2d 266

Supreme Court of Florida | Filed: Mar 30, 1973 | Docket: 2450262

Cited 32 times | Published

with opinion. ROBERTS, Justice (dissenting). Section 61.011, Florida Statutes, F.S.A., entitled, "Dissolution

Sumlar v. Sumlar

827 So. 2d 1079, 2002 WL 31295118

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 1360465

Cited 27 times | Published

strict rule of law." Rosen, 696 So.2d at 700; § 61.011, Fla. Stat. (2000). This chapter is to be construed

Nichols v. Nichols

519 So. 2d 620, 1988 WL 8452

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 1332653

Cited 27 times | Published

considerations underlying our dissolution law, see § 61.011, Fla. Stat. (1985), compel the trial court to

Zold v. Zold

911 So. 2d 1222, 2005 WL 2230403

Supreme Court of Florida | Filed: Sep 15, 2005 | Docket: 249811

Cited 25 times | Published

governed by basic rules of fairness." See also § 61.011, Fla. Stat. (2004) ("Proceedings under this chapter

Lashkajani v. Lashkajani

911 So. 2d 1154, 2005 WL 1529936

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 11788

Cited 25 times | Published

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

Bacardi v. White

463 So. 2d 218, 10 Fla. L. Weekly 93

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 448931

Cited 16 times | Published

result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows:

Neal v. Neal

636 So. 2d 810, 1994 WL 160124

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1715338

Cited 9 times | Published

marital dissolution proceedings are authorized by section 61.11, Florida Statutes, which provides: When either

Widom v. Widom

679 So. 2d 74, 1996 WL 512052

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 1665925

Cited 8 times | Published

493 (Fla. 1st DCA 1994). We recognize that section 61.11, Florida Statutes (1995), provides authority

Lagstrom v. Lagstrom

662 So. 2d 756, 1995 WL 675344

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1282911

Cited 8 times | Published

Sandstrom, 565 So.2d 914 (Fla. 4th DCA 1990); § 61.11, Fla. Stat. (1993); § 61.08(3), Fla. Stat. (1993)

Sandstrom v. Sandstrom

565 So. 2d 914, 1990 WL 125068

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 1404007

Cited 8 times | Published

or disposing of marital assets. We note that Section 61.11, Florida Statutes (1989) reads in relevant part:

Rouse v. Rouse

313 So. 2d 458

District Court of Appeal of Florida | Filed: May 27, 1975 | Docket: 1508430

Cited 8 times | Published

discretion by enjoining the appellant. See, Fla. Stat. § 61.11, F.S.A. Further, we note that the court provided

Schneider v. Schneider

32 So. 3d 151, 2010 Fla. App. LEXIS 2930, 2010 WL 785814

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1662717

Cited 7 times | Published

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

Gilbert v. Gilbert

447 So. 2d 299

District Court of Appeal of Florida | Filed: Jan 27, 1984 | Docket: 1311837

Cited 7 times | Published

result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows:

Lámar v. Lámar

323 So. 2d 43

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 1258213

Cited 7 times | Published

alimony or child support." Id. at 109. Fla. Stat. § 61.11 (1973): "... When either party is about to remove

Jarrard v. Jarrard

157 So. 3d 332, 2015 Fla. App. LEXIS 107, 2015 WL 72356

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621515

Cited 6 times | Published

process of appellate review. See § 61.011, Fla. Stat. (2012). 8 . Philip

Kalmanson v. Lockett

848 So. 2d 374, 2003 WL 21203340

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1712305

Cited 6 times | Published

presiding over dissolution of marriage cases. Section 61.011 specifically provides that these proceedings

Gooding v. Gooding

602 So. 2d 615, 1992 WL 146973

District Court of Appeal of Florida | Filed: Jul 1, 1992 | Docket: 2236627

Cited 6 times | Published

provided for by statute. In pertinent part, section 61.11, Florida Statutes (1991), provides: When either

Dennis v. DEPT. OF HEALTH & REHAB. SERV.

566 So. 2d 1374, 1990 WL 134770

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 547642

Cited 6 times | Published

jury trial on that issue. HRS responded that section 61.011 provides that proceedings for child support

DeLoach v. DeLoach

552 So. 2d 324, 1989 WL 139121

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 1663510

Cited 6 times | Published

All dissolution proceedings are in chancery. § 61.011, Fla. Stat. A chancellor has the inherent right

Schorb v. Schorb

547 So. 2d 985, 1989 WL 86790

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 1738644

Cited 5 times | Published

state, or fraudulently convey or conceal it." § 61.11, Fla. Stat. (1987). The writ is based upon the

Kennedy v. Kennedy

464 So. 2d 1289, 10 Fla. L. Weekly 583

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1661088

Cited 5 times | Published

placing a lien against all appellant's assets. Section 61.11, Florida Statutes (1981), provides in part:

Buzzard v. Buzzard

412 So. 2d 388

District Court of Appeal of Florida | Filed: Mar 12, 1982 | Docket: 341302

Cited 5 times | Published

(Emphasis added.) The wife argues, however, that Section 61.11, Florida Statutes (1979), provides an exception

Davis v. Davis

358 So. 2d 126

District Court of Appeal of Florida | Filed: May 5, 1978 | Docket: 1311575

Cited 5 times | Published

or fraudulently convey or conceal it ..." Section 61.11, Florida Statutes (1977). In the absence of

Bieda v. Bieda

42 So. 3d 859, 2010 Fla. App. LEXIS 11724, 2010 WL 3154834

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 1148767

Cited 4 times | Published

not state whether it was entered pursuant to section 61.11(1), Florida Statutes (2009), which provides

Vitt v. Rodriguez

960 So. 2d 47, 2007 WL 1709535

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 1406191

Cited 3 times | Published

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

PTS Trading Corp. v. Habie

673 So. 2d 498, 1996 WL 179976

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1245647

Cited 2 times | Published

Habie to settle the dissolution proceedings. Section 61.11, Florida Statutes (1991), grants broad authority

Emmel v. Emmel

671 So. 2d 282, 1996 WL 168911

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1671951

Cited 2 times | Published

considerations underlying our dissolution law, see section 61.011, Fla. Stat. (1985), compel the trial court

Schatz v. Schatz

356 So. 2d 892

District Court of Appeal of Florida | Filed: Mar 21, 1978 | Docket: 1478611

Cited 2 times | Published

becomes the property of the former wife. See Section 61.11, Florida Statutes (1975). It is apparent from

Hall v. AIR FORCE FINANCE CTR., ETC.

344 So. 2d 1340

District Court of Appeal of Florida | Filed: May 2, 1977 | Docket: 1517743

Cited 2 times | Published

changes compare § 65.08 to § 61.08; § 65.11 with § 61.11; § 65.15 with § 61.14 and § 65.20 with § 61.19

Rinkor v. Brborich

957 So. 2d 661, 2007 WL 1062520

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 1679255

Cited 1 times | Published

this portion of the order that we reverse. Section 61.11(1), Florida Statutes (2006) provides for the

Pedro v. Pedro

910 So. 2d 426, 2005 WL 2292055

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1494502

Cited 1 times | Published

opposed to the strict rule of law."); see also § 61.011, Fla. Stat. (2005) ("Proceedings under this chapter

Sanders v. Laird

865 So. 2d 649, 2004 Fla. App. LEXIS 1573, 2004 WL 256984

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 64828070

Cited 1 times | Published

court-ordered support obligation appear in section 61.11(2), Florida Statutes (2002). See generally Michael

April Michener v. Michael Michener

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564928

Published

govern the ultimate resolution. See § 61.011, Fla. Stat. (2021) (“Proceedings under this chapter

Harrell v. Friend

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511404

Published

work equity in chapter 61 proceedings. See § 61.011, Fla. Stat. (2004) (“Proceedings under this

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

execution. See § 61.16(2), Fla. Stat.; but cf. § 61.11, Fla. Stat. (authorizing a writ of bodily attachment

BRADLEY ENGLE v. MICHELLE K. ENGLE

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875046

Published

opposed to the strict rule of law." (citing § 61.011, Fla. Stat. (1995))). Foreclosing a litigant

Chittim v. Chittim

230 So. 3d 966

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232644

Published

as opposed to the strict rule of law” (citing § 61.011, Fla. Stat. (1995)).

Martinez v. Martinez

219 So. 3d 259, 2017 WL 2200228, 2017 Fla. App. LEXIS 7183

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6066357

Published

action is an action in equity. See § 61.011, Fla. Stat. (2015) (“Proceedings under this chapter

Rieder v. Rieder

197 So. 3d 1258, 2016 Fla. App. LEXIS 12366, 2016 WL 4375425

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121181

Published

payments with injunctions, see, e.g., § 61.11(1), Fla. Stat. (2015), the injunctive relief provided

Horton v. Horton

179 So. 3d 459, 2015 Fla. App. LEXIS 17156, 2015 WL 7135729

District Court of Appeal of Florida | Filed: Nov 16, 2015 | Docket: 60251761

Published

934 n. 1 (Fla. 3d DCA 1985) (citing in part section 61.11 and explaining that “[tjhis decision is without

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

transportation of the individual pursuant to Section 61.11(2)(a), Florida Statutes. PAYMENT SHALL BE MADE

Lori A. Ford v. Michael Withers Ford

153 So. 3d 315, 2014 Fla. App. LEXIS 19525, 2014 WL 6674771

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609437

Published

Guidy, 106 Fla. 94, 142 So. 818 (1932)); accord § 61.011, Fla. Stat. (2012) (proceedings under Chapter

In Re Amendments to the Supreme Court Approved Family Law Forms

50 So. 3d 595, 35 Fla. L. Weekly Supp. 701, 2010 Fla. LEXIS 2053, 2010 WL 4878865

Supreme Court of Florida | Filed: Dec 2, 2010 | Docket: 2400254

Published

of the law and satisfies the requirements of section 61.11, Florida Statutes (2010). The amendments to

Oxenberg v. Oxenberg

937 So. 2d 166, 2006 Fla. App. LEXIS 11924, 2006 WL 2001131

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 64846579

Published

2006. The injunction was entered pursuant to Section 61.11, Florida Statutes (2005). We affirm on the authority

Gordon v. Gordon

932 So. 2d 393, 2006 Fla. App. LEXIS 6692, 2006 WL 1699503

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 64845553

Published

finding. We grant the petition as the language of section 61.11(2), Florida Statutes (2005), limits its application

Parnama v. Parnama

908 So. 2d 541, 2005 Fla. App. LEXIS 11642, 2005 WL 1752762

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839809

Published

hearings on the issue to justify relief under section 61.11, Florida Statutes (2004), in that he testified

Gauthier v. Gauthier

768 So. 2d 1119, 2000 Fla. App. LEXIS 10272, 25 Fla. L. Weekly Fed. D 1909

District Court of Appeal of Florida | Filed: Aug 11, 2000 | Docket: 64800856

Published

strict rule of law.” 696 So.2d at 700 (citing § 61.011, Fla. Stat. (1995)). Under [chapter 61], the financial

Ginsberg v. Ginsberg

757 So. 2d 1262, 2000 Fla. App. LEXIS 6198, 2000 WL 668841

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797299

Published

the same cannot be said twelve years later. Section 61.11(1), Florida Statutes (1997), provides as follows:

Davis v. Davis

736 So. 2d 123, 1999 Fla. App. LEXIS 8357, 1999 WL 415316

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789061

Published

furnish a bond as required by rule 1.610. See § 61.11(1), Fla. Stat. (1997) (“When either party is about

Leonard v. Leonard

678 So. 2d 497, 1996 Fla. App. LEXIS 8914, 1996 WL 476338

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 64766747

Published

marital dissolution cases are provided for by section 61.11, Florida Statutes (1995), which provides: When

Siravo v. Siravo

670 So. 2d 983, 1996 Fla. App. LEXIS 573, 1996 WL 34046

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 64763457

Published

writ of ne exeat to secure alimony or support. Section 61.11, Florida Statutes (1995), states: When either

Badour v. State

653 So. 2d 511, 1995 Fla. App. LEXIS 4424, 1995 WL 238676

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64755504

Published

1990) (holding that trial courts, pursuant to § 61.11, Fla.Stat. (1989), may enjoin a spouse’s attempt

Lamar v. Lamar

323 So. 2d 43, 1975 Fla. App. LEXIS 18883

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 64550818

Published

of alimony or child support.” Id. at 109. Fla.Stat. §61.11 (1973): “. . . When either party is about

Dover v. Dover

241 So. 2d 740, 1970 Fla. App. LEXIS 5494

District Court of Appeal of Florida | Filed: Dec 11, 1970 | Docket: 64517760

Published

order for a wife to obtain the benefits of Section 61.11, Florida Statutes, F.S.A., which releases her