Author Archives: Jay Butchko
Imputed Income Becomes Key Issue in Florida Divorce Trial
What is imputed income? Essentially, it is income that is attributed to a party because they don’t have to pay for something. As an example, an individual who owns their own home outright can be imputed income based on the fact that they don’t have to pay rent. In the case of Goodman v…. Read More »
Court’s Failure to Make Specific Findings Concerning Net Incomes of Divorcees Requires Appeals Court to Overturn Alimony Award
In the case of Reese v. Reese, the former husband filed a petition for the dissolution of marriage on February 10, 2020. The former wife responded with an answer and a counter-petition. The former wife argued that the trial court erred by determining that the former husband’s gross monthly income was income listed in… Read More »
Appeals Court Reviews Equitable Distribution Scheme for Abuse of Discretion
When dividing the marital estate, the trial court must make findings of fact that support their reasoning for dividing the marital estate in the manner they do. In the case of Gayer v. Nicita, the former husband filed an appeal raising concerns about how the marital estate was divided by the court. One point… Read More »
Did Final Judgment Violate The Former Spouse’s Protection Act?
While pensions and retirement plans are considered part of the marital estate and subject to equitable distribution, military disability benefits are not. This threw a wrench into one case involving a former husband and former wife. In the case of Karrer v. Karrer, the parties were married in March 1986 and the wife petitioned… Read More »
What Factors Matter Most When Dividing Marital Debts and Assets in a Divorce?
Divorce is a complex matter that requires many legal processes including the division of assets and debts. Florida has strict laws when it comes to how marital assets and liabilities are distributed. This can make matters even more complicated to understand. Even when your separation is on good terms, dividing marital assets and liabilities… Read More »
Study Discusses Phenomenon of “Gray Divorce”
Gray divorce is a recent phenomenon in which couples who have been married for years pursue a divorce. Gray divorce generally refers to divorces that occur when the couple is over 50. What causes the couple to untie the knot after potentially decades of being married together? Sociologists, psychologists, and cultural experts have differing… Read More »
Understanding the New 50/50 Timesharing Presumption for Child Custody in Florida
One of the things that every divorcing couple has to decide on is a visitation schedule. However, before that, you have to decide how much time each child will spend with each parent. The Florida courts often act on presumptions that represent the default scenario that the court favors. When someone says, “The Florida… Read More »
Divorcing an Abusive Spouse: What to Know
When women are polled on why they stay with abusive partners for so long, they generally answer that they were afraid to leave or even talk about leaving for fear that their partner would harm them or the children. Often, victims of domestic abuse feel like there is no way to safely break free… Read More »
What You Need to Know About Divorce and Credit Card Debt
It’s no secret that divorce heralds several financial realities that can be difficult to manage. But it’s important, as someone who is going through a divorce, to understand your rights and responsibilities when it comes to the divorce process. During your marriage, you began accruing debts and assets to your marital estate. The marital… Read More »
Do I Need to Hire a Forensic Accountant for My Divorce?
Divorce is already a stressful prospect. Major changes are underway and your sense of normalcy is likely shaken. You may be engaged in serious conflict with your soon-to-be former spouse who may not be playing fair when it comes to finances. This is where a forensic accountant can play a crucial role in ensuring… Read More »