Florida Statutes
Fla. Stat. § 708.10 (2025)
Married women’s rights; construction of law.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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708.10 Married women’s rights; construction of law.—This law shall not be construed as:
(1) Relieving a husband from any duty of supporting and maintaining his wife and children;
(2) Abolishing estates by the entireties or any of the incidents thereof;
(3) Abolishing dower or any of the incidents thereof;
(4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law;
(5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property.
History.—s. 3, ch. 21932, 1943.
Notes of Decisions
Cited in 5
cases, 1950–1985 · leading case: Fieldhouse v. Pub. Health Trust, 374 So. 2d 476 (Fla. 1979).
Fieldhouse v. Pub. Health Trust, 374 So. 2d 476 (Fla. 1979). “This cause is before the court on direct appeal from an order entered in the Circuit Court of Dade County, Florida, upholding the constitutionality of section 708.10, Florida Statutes (1977). We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution.”
Solomon v. Davis, 100 So. 2d 177 (Fla. 1958). “Anderson, supra), we find no case in which an ablebodied, continuously employed husband has been found to have abdicated his presumptive position as head of the family, where the primary family relationship of husband and wife remains intact with all the attendant duties and…”
Birge v. Simpson, 280 So. 2d 482 (Fla. 1st DCA 1973). “…Savage, Fla. Sup.Ct., 279 So.2d 844 , Opinion filed July 5, 1973. [4] McRae v. McRae, 52 So.2d 908 (Fla. 1951), and F.S. § 708.10 (1971), F.S.A.”
Scott v. Hotel Martinique, 48 So. 2d 160 (Fla. 1950). “We have considered the contention of appellants that the provision of the Florida Emancipation Act, being Section 3 of Chapter 21932, Laws of Florida, Acts of 1943, and appearing as Section 708.10, Florida Statutes, same F.”
Beers v. Pub. Health Trust of Dade Cnty., 468 So. 2d 995 (Fla. 3d DCA 1985). “Fieldhouse (finding section 708.10, Florida Statutes (1977), constitutional, and holding that the statute does not affect the common law duty of a husband to support his wife).”
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