Homestead Protection… Are You Sure?

By: Yueh-Mei Kim Nutter One of the benefits of living in Florida is your homestead protection from creditors.  But if that “creditor” is a former spouse, then Florida Constitution Article 10 §4, which exempts homestead property from forced sale, may not provide that protection. Why?  Because where fraud or reprehensible conduct is involved, an equitable [...]

By |2017-03-13T13:31:02+00:00November 29th, 2016|Blog, Divorce, Real Estate|

How to Calculate the Marital Portion of Passive Appreciation of Non-Marital Property During Marriage Under Florida Law

By: Jonathan Schiller In general, an asset acquired prior to marriage is a non-marital asset that is not subject to equitable distribution under Florida law.  However, Section 61.075(6)(a) 1(b), Fla. Stat., states, in pertinent part, that a marital asset includes “the enhancement in value and appreciation of non-marital assets resulting either from the efforts of [...]

By |2017-03-13T13:31:08+00:00May 15th, 2015|Blog, Divorce, Marital & Family Law|

Divorce Law: Dissipation of Marital Assets and the Effect on the Distribution of Marital Assets and Liabilities

By: John N. Lambros Florida Courts begin with the premise that the distribution of marital assets and liabilities should be equal, unless there is a justification for an unequal distribution.   In considering the distribution, the Court must take into consideration a variety of statutory factors.  One of the factors available for consideration is “the intentional [...]

By |2017-03-13T13:31:08+00:00April 20th, 2015|Blog, Divorce, Marital & Family Law|

Florida’s Alimony Law – Time for a Change, Again.

By: Jodi Furr Colton About five years ago, the Florida legislature made a substantial change in the alimony law, F.S. 61.08.  The alimony statute was revised to create multiple types of alimony – rehabilitative, bridge-the-gap, durational, and permanent—and to categorize marriages as short-term, long-term and moderate duration, each of which presumed a particular “type” of [...]

By |2017-03-13T13:31:08+00:00April 8th, 2015|Blog, Divorce, Marital & Family Law|

Divorce Law in Florida: Parenting Plans

By: Jonathan Z. Schiller What are the Requirements for the Creation and Approval of a Parenting Plan? In Florida, a Parenting Plan approved by the court must, at a minimum, describe in adequate detail the following: How the parents will share and be responsible for the daily tasks associated with the upbringing of the child; [...]

By |2017-03-13T13:31:08+00:00April 1st, 2015|Blog, Divorce, Marital & Family Law|

Pitfalls of Divorce Same-Sex Couples Should Consider Before Marriage

By: Roberta G. Stanley After decades of fighting for the right to enter into the state of matrimony, the LGBT community is celebrating the extraordinary success of finally attaining marriage equality for same-sex couples in the state of Florida. This development brings equality to couples in all respects, meaning that divorce laws and procedures are [...]

By |2017-03-13T13:31:08+00:00March 25th, 2015|Blog, Divorce, Marital & Family Law|

Collaborative Divorce: A New Approach to Dissolving Marriages in Florida

By: Julia Wyda Collaborative divorce is a relatively new approach and process to ending a marriage in Florida.  It is a voluntary, non-adversarial alternative that involves a team approach, consisting of two collaborative attorneys, and, if desired, a neutral financial expert and a neutral mental health expert.  The parties and the team sign a participation [...]

By |2017-03-13T13:31:09+00:00February 27th, 2015|Blog, Divorce, Marital & Family Law|

Divorce Law in Florida: Understanding the Court’s Analysis in Making an Alimony Determination

By: Jonathan Z. Schiller Am I entitled to alimony?  Will I need to pay alimony?  These are common questions raised in a dissolution of marriage proceeding.  Below is a summary of the Court’s analysis in making an alimony determination. In general, alimony is limited to a divorce.  As such, alimony is not permissible in a [...]

By |2017-03-13T13:31:09+00:00December 15th, 2014|Blog, Divorce, Marital & Family Law|