By Yueh-Mei Kim Nutter, Esq. Understandably, you want to avoid the court system. Understandably, you want to avoid attorneys and legal fees. After all, you already went through this once and have a Final Judgement and that includes payment for child support and/or alimony. You were able to reach an agreement with your former [...]
Brinkley Morgan family law attorney Yueh-Mei Kim Nutter is featured on “Legal News & Review (LNR),” discussing the potential impacts of Senate Bill 590, the benefits of collaborative law, and bitcoins in divorce cases. LNR is an award winning radio program hosted by Philip Bell and recognized by The Florida Bar. [...]
By: Jonathan Z. Schiller Most forms of alimony terminate upon the remarriage of the recipient, such as bridge-the-gap, durational, and permanent alimony. See 61.16(5), (7) & (8), Fla. Stat. (2016). However, there is no incentive for a former spouse receiving alimony to get remarried. The alimony recipient will cohabitate with their significant other and [...]
By: Jodi Furr Colton Simply put, the purpose of a vocational evaluation is to determine how much money a person could likely earn if he or she entered or returned to the workforce. The amount a person could earn is directly related to how much alimony a court may award. Florida’s alimony statute, Fla. Stat. [...]
By: Yueh-Mei Kim Nutter Alimony reform is back again. Will it become law? The current bill has terms that are substantially similar to the bill the Governor vetoed in 2016 because of the presumption of equal timesharing of children, but the current bill removes reference to any timesharing presumption. There are similar versions in the [...]
Brinkley Morgan family law partner Kenneth A. Gordon discusses three different types of agreements involved in marital law: 1) Prenuptial Agreements; 2) Marital Settlement Agreements; and 3) Post-nuptial Agreements.
By: Julia Wyda On Friday, June 26, 2015, the United States Supreme Court issued its 5-4 ruling in favor of marriage equality, finding that the Constitution guarantees a right to same-sex marriage. There were two questions before the Court. First, whether states could ban same-sex marriage. Second, whether states were required to recognize lawful marriages [...]
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 [...]