FLORIDA 7 YEAR RULE APPLIES TO BACKGROUND CHECKS, ADVERSE POSSESSION, AND DIVORCE
The Florida 7 year rule applies to several different legal contexts, including background checks, adverse possession, and divorce. Here’s how it works in each area:
1. Background Checks (Employment & Credit)
- Under the Fair Credit Reporting Act (FCRA) and Florida law, employers and credit agencies cannot report certain negative information (e.g., civil judgments, tax liens, and most non-conviction records) if it is older than 7 years.
- However, criminal convictions can still appear indefinitely unless state law prohibits it.
- Some employers, especially those in financial services or positions with high salaries (over $75,000), may have different reporting rules.
2. Adverse Possession (Property Claims)
- Florida allows individuals to claim ownership of another person’s landthrough adverse possession if they openly and continuously occupy it for at least 7 years.
- The occupant must pay property taxes and meet other requirements (e.g., making improvements or maintaining the land).
- This rule is meant to prevent land from being abandoned and encourage its use.
3. Divorce (Alimony Duration)
- In Florida, the 7-year mark often distinguishes between short-term and moderate-term marriages for alimony purposes.
- A marriage lasting less than 7 years is generally considered short-term, making long-term alimony less likely.
- Marriages between 7 and 17 years are considered moderate-term, which may lead to more favorable alimony awards compared to short-term marriages.
- The length of the marriage impacts the type and amount of spousal support a judge may grant.
Our Tampa Lawyers are available to provide more information on the Florida 7 Year Rule and how it might apply to a specific individual or situation.
CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.
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