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Category Archives: Asset Distribution

Acquiring Separate Property After Marriage

By Schwartz | White |

When it comes to the division of property in Florida during a divorce, the court usually divides the property in an equal manner unless it can determine by looking at certain factors that another kind of division is more appropriate. This division applies to marital property only, which usually means property that was acquired… Read More »

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Why it is Important to Understand Tax Implications Before Settling

By Schwartz | White |

Celebrity divorces can get pretty ugly for two reasons: 1) they are in the spotlight, and 2) they have a substantial amount of assets that need to be fairly divided. Johnny Depp’s and Amber Heard’s divorce, however, is uglier than most celebrity breakups. After the divorce was finalized and a $7 million divorce settlement… Read More »

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How is Property Divided When Unmarried Couples Separate?

By Schwartz | White |

Under Florida Statutes 798.01 and 798.02, cohabitation was illegal in the state of Florida, and any couple caught violating either of those provisions was found guilty of a second-degree misdemeanor. Today however, more and more couples are choosing to cohabitate without getting married. Whether this is because they do not believe in the institution… Read More »

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Do I Have to Give Back the Gifts from My Spouse in a Divorce?

By Schwartz | White |

When couples go through a divorce, the first question many people ask is “Do I get to keep my ring?” This question is typically followed up with, “Do I get to keep gifts from my spouse?” Marriage Property Vs. Separate Property Divorce is a difficult and confusing time in a couple’s life, and those… Read More »

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What Divorce in Retirement Means for Your Pension

By Schwartz | White |

Perspective One: You work your entire life to provide your wife and kids with luxuries you never had as a child. You put in overtime hours so that you can afford the family vacations in Maui and New Zealand, and double time to give your wife the diamond necklace she was eyeing in the… Read More »

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Is My Spouse Entitled to Half of My Medical Practice in Divorce?

By Schwartz | White |

Building a successful private medical practice in Florida takes a significant amount of time, money, and commitment. For some professionals, the process can take years; for others, it can take decades. No matter how long it took you though, if you have finally found success in private practice, you understand that there is no… Read More »

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Is My Spouse Entitled To Half Of My Business In A Florida Divorce?

By Schwartz | White |

“What’s mine is yours and what’s yours is mine.” This is a motto most married couples live by, and happily, but when a divorce is on the horizon, the motto suddenly becomes, “What’s mine is mine and what’s yours is mine.” Everything – from the shared home to the family vehicles – is up… Read More »

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Federal Income Tax and Divorce: Frequently Asked Questions

By Schwartz | White |

If you are going through a divorce, taxes may be one of the last things on your mind.  Of course, Tax Day is on its way, and many federal income tax issues can derail your financial situation and intensify your stress and the complications of your divorce proceeding down the line.  Do you have… Read More »

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Mandatory Discovery: Tips for the Divorce Process

By Schwartz | White |

In divorces in the state of Florida, there is a phase called discovery. In Florida, there is a mandatory discovery procedure for all divorces that are not being processed through simplified divorce (only for divorces completely uncontested). The mandatory discovery involves both spouses handing over financial information, and sometimes answering interrogatories (lists of questions… Read More »

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Who Gets the Ring? What Happens after a Broken Engagement

By Schwartz | White |

When an engagement ends in a breakup, partners can be left with daunting tasks such as cancelling wedding plans, notifying family and friends, and grappling with emotional fallout. An important part of this post-engagement activity is to determine what happens to assets like the engagement ring. Laws pertaining to engagement rings vary by state… Read More »

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