Category Archives: Divorce Lawyer
Trial Court Discretion in Contested Custody Battles
Child custody disputes are among the most emotionally charged cases in Florida family law. In cases where both parents cannot agree on where to place the children, it is up to the court to make a ruling based on what is in the child’s best interests. The process can become quite complicated, with both… Read More »
When Equal Isn’t Equitable: Uneven Distribution of Marital Assets in Florida Divorces
Florida is an equitable distribution state, which means that in the event of a divorce, the couple’s property is distributed on an equitable basis. While the law presumes that the distribution of assets should be equal in a divorce, the judge has the power to divide the marital estate unevenly under certain conditions. In… Read More »
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 »
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 »
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 Gone is permanent alimony, which has been replaced by durational alimony.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 »
When Unequal Distribution Goes Too Far in a Florida Divorce
A lot of folks assume that Florida divorces always end up with marital assets and debts being split between the spouses. While that is the default position of the Florida courts, it doesn’t necessarily have to work out that way. The courts can sometimes see fit to favor one litigant with a larger share… Read More »
When Can the Florida Courts Unevenly Divide Assets in Divorce?
Florida is an equitable distribution state. This means that the marital estate is divided in accordance with what is “fair” to both parties. In other words, your marital estate may not necessarily be divided in half. The courts can favor one spouse with a greater portion of the assets or a smaller portion of… Read More »