Recent Blog Posts
Florida Court Addresses Retirement Benefits During Divorce
One issue that is often misunderstood is whether or not retirement benefits are divisible in a divorce. In other words, is your spouse entitled to your retirement benefits? The answer is yes, retirement benefits are part of the marital estate, and as such, they can be awarded to the other spouse in accordance with… Read More »
Understanding Appellate Review in Florida Divorce Cases
Florida divorce decrees frequently contain several complicated factors, such as equitable distribution, spousal support, and financial determinations. Although trial courts have been granted considerable latitude in addressing these concerns, their rulings are required to satisfy the relevant statutes and be based on proper evidence. Should they fail to meet this standard, the appellate courts… Read More »
Understanding Best Interest Findings in a Contested Custody Case
Contested cases of child custody and time-sharing are some of the most complex and contentious cases in Florida family law. When trial courts rule in cases involving parental responsibility and parenting plans, Florida Statutes § 61.13(3) call for extensive evaluation of numerous “best interest” factors, and under the current statute, written findings to support… Read More »
Florida Appellate Review of a Dating Violence Injunction
In Florida, domestic violence injunctions are civil orders that can have major consequences for both parties. The injunction can restrict an individual’s ability to contact or approach another person, have a profound impact on child custody, and even lead to criminal penalties if the injunction is violated. Due to these factors, Florida law requires… Read More »
Florida Family Law Case Details What Happens When One Spouse Gets More Than Half the Marital Estate
Florida law starts every analysis of equitable distribution with the presumption that all marital assets and debts should be split evenly between the two spouses. However, this presumption is not absolute. A court can order an unequal distribution of marital property if it finds that one of the statutory reasons justified a departure. In… Read More »
When Business “Pass-Through” Income Can Inflate Florida Child Support
In Florida, child support disagreements often hinge on one key factor: income. While some parents receive a regular paycheck, others operate businesses or report earnings on tax returns that don’t necessarily represent the actual funds available to cover support obligations. This distinction is critical because support calculations must reflect a parent’s true financial capacity,… Read More »
Dissipation of Assets Results in Unequal Distribution of the Marital Estate
The equitable distribution law in Florida grants the court the authority to deviate from the equal distribution of marital property if one of the spouses intentionally dissipated or wasted marital property before the divorce. In the event that the court must address the dissipation of assets, it must make factual findings and use strong… Read More »
Understanding Durational Alimony Under Florida Law
Within the past few years, Florida’s alimony laws have undergone substantial changes. Gone is permanent alimony, which has been replaced by durational alimony. In this article, we’re going to discuss a case related to an alimony award. The former husband appealed the award claiming that the trial court abused its discretion when awarding durational… Read More »
What Happens When One Spouse Wastes Assets from the Marital Estate?
Equitable distribution is not necessarily equal distribution. In cases where one of the spouses intentionally dissipates (or wastes) marital assets, trial courts have the authority to favor one spouse over the other when dividing the marital estate. Not all dissipation of funds is considered legal dissipation, however. In this article, we’ll discuss a real… Read More »
Do I Have to Pay Alimony if My Former Spouse Lives with a New Partner?
Florida law states that alimony or spousal support is meant to address a former spouse’s financial needs. If the spouse enters into a “supportive relationship” with another person, the court presumes that they don’t need alimony anymore. So, if a former wife moves in with a new partner, the former husband can petition the… Read More »