Category Archives: Divorce
Does a Marital Settlement Agreement Override Florida Law Governing the “Cut-Off” Date for Classifying Marital Assets?
Under normal circumstances, Florida law imposes a “cut-off date” for classifying assets as marital or separate in a divorce case. That is, all assets acquired by either spouse after the cut-off date is not subject to equitable division by a judge. However, if the parties enter into a marital settlement agreement (MSA), they may… Read More »
The Risks of Co-Owning Property After a Divorce
A final divorce judgment does not always mean an immediate unwinding of a couple’s assets. For example, if two spouses jointly owned rental property or ran a business, the final settlement may need to include transitional provisions to address each party’s obligations after the divorce. Keep in mind, however, once a judge approves a… Read More »
How Far Can a Judge Go in Deciding Child Custody Issues?
In a contested divorce case, Florida judges have broad discretion to decide issues like parental timesharing and each party’s respective financial obligations towards the other. But this discretion is not absolute. Sometimes judges overstep their bounds and issue orders that are not permitted by law–and in some cases not even requested by either party…. Read More »
Who Pays for My Child’s Medical Care Following a Divorce?
When negotiating a marital settlement agreement (MSA) as part of a divorce proceeding, it is important to pay attention to certain critical details, especially with respect to issues affecting child support. For example, the parents need to decide which one of them will be responsible for maintaining health insurance coverage for the child. And… Read More »
When Is the “Cut-Off Date” for Separating Marital and Non-Marital Property?
A key issue in any Florida divorce case is the division of marital property. By law a court is required to make an “equitable division” of marital property unless the parties reach a voluntary agreement on how to split these assets. But this raises another critical question: How does a court distinguish marital and… Read More »
What Happens If You Fail to Disclose an Asset or Income Source During a Divorce Settlement?
Whether a divorce is resolved by a voluntary settlement agreement or contested litigation, it is important for each side to fully and accurately disclose their finances to the other. Financial disclosure is key to resolving issues such as alimony, child support, and the overall division of marital property. If either spouse fails to accurately… Read More »
Florida Court Explains How Pre-Marriage Military Service Credits May Still Be Treated as Marital Property
Separating marital and non-marital property in a Florida divorce case is sometimes not as simple as you might think. As a general rule, property earned or acquired by either spouse prior to marriage remains their separate property. But what about a situation where a spouse earns a property right prior to marriage that does… Read More »
Does Remarriage Affect the Terms of a Prior Divorce Settlement?
It is not uncommon for people to get remarried after going through a divorce. What is less common is for two previously divorced partners to remarry each other. But such remarriages raise an interesting legal question: What happens to the settlement agreement from the initial divorce? Is it still enforceable after the remarriage? In… Read More »
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 »
