Florida Statutes § 736.1502

Definitions

2026 Florida Statutes.

Unless the context otherwise requires, as used in this part:

  1. (1)
    “Community property” means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. The property owned by a community property trust pursuant to this part and the appreciation of and income from such property are community property for purposes of general law.
  2. (2)
    “Community property trust” means an express trust that complies with s. 736.1503 and is created, amended, restated, or modified on or after July 1, 2021.
  3. (3)
    “Decree” means a judgment or other order of a court of competent jurisdiction.
  4. (4)
    “Dissolution” means either:
    1. (a)
      Termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or
    2. (b)
      Entry of a decree of legal separation maintenance by a court of competent jurisdiction in another state that recognizes legal separation or maintenance under its laws.
  5. (5)
    “During marriage” means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse.
  6. (6)
    “Qualified trustee” means either:
    1. (a)
      A natural person who is a resident of the state; or
    2. (b)
      A company authorized to act as a trustee in the state.
  7. (7)
    “Settlor spouses” means a married couple who establishes a community property trust pursuant to this part.

History

History.—s. 30, ch. 2021-183; s. 5, ch. 2025-159.