Recent Blog Posts
Does Lump Sum Alimony Count As Alimony Or As Equitable Distribution?
Given that Florida recognizes six different types of alimony, there is bound to be some confusion about which kind the court has awarded in your case. Besides this, Florida is an equitable distribution state, and equitable, which means fair, is a subjective term, so there is plenty of room for disagreement. Lump sum alimony… Read More »
A Draconian Response To A Former Spouse’s Inability To Keep Up With Alimony Payments
The law severely restricts the times when the court can treat you like a criminal when you have not been convicted of a crime. In some criminal cases, the judge will refuse to allow the defendant to post bail if there is a substantial risk that, before the trial, the defendant will flee, tamper… Read More »
Multiple Vehicle Loans Make For A Complicated Divorce
Few things are as disruptive to a person’s finances as divorce. Equitable distribution of marital assets and liabilities is not simple when the value of the assets and liabilities has changed substantially between the time the parties filed for divorce and when the court entered its final judgment dissolving the marriage. It can be… Read More »
What Good Is Permanent Alimony When It Is Only One Dollar Per Year?
You have probably heard about executives at billion-dollar companies getting a salary of one dollar per year. The fact that they are intentionally choosing a low salary is obvious, but why one dollar? Why not zero? The reason is that the IRS sees a major difference between one and zero, but not between one… Read More »
Can The Court Impose A Rotating Parenting Schedule That Neither Parent Wants?
When it comes to parenting plans, the general rule is that what is acceptable to both parents is also acceptable to the court. It is only when the parents cannot agree on how to divide parenting time that the court must make detailed findings about the children’s best interests; if you and your ex-spouse… Read More »
Signs That Your Divorce Lawyer Is Bad News
Finding the right divorce lawyer can be a great relief after realizing that you are married to the wrong person. Unfortunately, figuring out whether a divorce lawyer is a good fit for you just by reading about them online is no easier than identifying Mr. Right or Ms. Right based solely on a Match.com… Read More »
Not Every Change In Financial Circumstances Warrants A Modification Of Child Support
The Florida child support guidelines require the court to make detailed findings about both parents’ income, assets, and expenses, as well as about how likely the parents’ financial circumstances are to change before the children reach adulthood. Parents have the right to petition the court if one parent’s financial circumstances change, making the child… Read More »
Can The Court Make You Continue To Pay Alimony After Your Ex-Spouse Enters A Supportive Relationship With A New Partner
Permanent alimony is not always as glamorous as it sounds. The courts only award permanent alimony if the parties were married for 17 years or more and if the earning potential of the financially disadvantaged spouse is low enough that they will require financial support from the wealthier spouse even if they work as… Read More »
What Happens To Co-Parenting Arrangements When One Parent Moves Out Of Florida?
One of the most fraught issues that can arise after divorce and after a family has adjusted to co-parenting is when one parent plans to move far enough away that the current plan will become untenable after the move. If the relocating parent is with the children for more than 50 percent of the… Read More »
The Perils Of Vaguely Worded Prenuptial Agreements
The best prenuptial agreements reflect such a carefully considered resolution about the finances of the parties, as a couple and as individuals, that they can not only prevent divorce but also reduce conflicts during probate after the parties have stayed together for the rest of their lives. Satisfactory prenups may not prevent divorce, but… Read More »
