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: 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: 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: 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: 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: 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: 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: 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: Jodi F. Colton Getting divorced often takes a very long time – or at least it will feel that way if it is happening to you. In the words of one client, and probably many more: “Getting divorced sucks.” Following the simple rules that you learned in kindergarten can help make your divorce faster [...]
By: Jodi F. Colton Lots of people cheat, and some of them get caught. If your spouse finds out you’ve been unfaithful, you might be headed straight for divorce, whether you want to be or not. But, Florida is a no-fault divorce state, so does cheating really matter? Yes, and no. No-fault divorce means that [...]