Category Archives: Divorce
What Happens When a Judge Fails to Follow the Rules Before Awarding Alimony in a Divorce Case?
There are a series of steps a Florida court must take when deciding whether or not to award alimony as part of a divorce proceeding. There are actually several different types of alimony. For example, “permanent alimony” is permitted by law when the divorce case involves a “marriage of long duration” and the judge… Read More »
Does a Couple Have to Stay in Business Together Following a Divorce?
When it comes to dividing marital property in a Florida divorce case, some assets are more easily dealt with than others. For example, it is relatively simple to divide up checking accounts and other cash-based assets. But what if the divorcing couple owns a family or closely held business? Are the parties expected to… Read More »
What Is a “Dissipation” of Marital Assets?
Florida follows the principle of “equitable distribution” in divorce cases. In other words, unless the parties agree among themselves how to allocate any assets or liabilities post-divorce, a judge will order an “equitable division.” Equitable does not necessarily mean “equal,” however, and the court may look at a number of factors when deciding the… Read More »
How Will Gifts To (or From) Family Members Affect My Divorce?
One of the main issues in any Boca Raton divorce case is the proper division of marital assets. Normally, Florida courts apply an “equitable distribution” rule. In most cases, equitable means a 50/50 split of any property acquired during the marriage. But a judge may depart from a strictly equal division under certain circumstances,… Read More »
What is a QDRO and Do You Need One?
When you and your spouse decide to get divorced in Florida, you or judge will divide marital assets equitably. One type of asset that may be subject to equitable distribution is your retirement account. Typically, 401(k)s and other related qualified employee retirement plans have tax tax-advantaged statuses, meaning that so long as the money… Read More »
Your Divorce Options
No two marriages are alike, and no two divorces are alike. If you are facing a divorce, it is important that you truly consider your options and determine which will be best for you. Your due diligence may be just what you need to obtain a divorce in an as quick and cost-effective manner… Read More »
Who Gets the Artwork in a Florida Divorce?
Who gets the Monet, the Van Gogh, and the Warhol? What about the Leibovitz or Golden? Surprisingly, the question of who gets the artwork is one of the most hotly contested issues in today’s divorce proceedings. According to a Memphis attorney quoted by the Wall Street Journal, artwork often falls into the same category… Read More »
What is Mandatory Disclosure and When is it Necessary?
Mandatory disclosure requires each party in the dissolution of a marriage to disclose records that paint an accurate portrait of each party’s finances. This requirement ensures the judge divides assets between the two parties fairly and equitably. If one party requests support from the other, the judge will also need a clear picture of… Read More »
Grounds for Modifying a Support Order in Florida
It is rare that a person’s circumstances today will be exactly as they were five years ago, or that they will remain the same within the next five years. Unexpected job loss, injury, an increase in healthcare costs, a decrease in daycare costs, and other unforeseen events may put a person in a better… Read More »
Splitting Assets in Divorce
In Florida, when a divorce is contested, it is subject to Florida’s equitable distribution laws, which means the courts start with the premise that distribution of marital assets are equal. When dividing property, the judge considers the date the asset was acquired. If the asset was acquired before marriage, the asset may be non… Read More »
