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Category Archives: Divorce

Alimony22

Do You Still Have To Pay Alimony If Your Ex-Spouse Has A Multimillion Dollar Trust?

By Schwartz | White |

It is the nature of equitable distributions that the percentages of marital assets that go to each former spouse vary from one couple to another. In determining equitable distribution and alimony, one factor that the court considers is the value of each spouse’s nonmarital assets. Property that one spouse owned before the marriage and… Read More »

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Divorce17

When Your Ex-Spouse Torpedoes the Family Business During Your Divorce

By Schwartz | White |

Dividing marital property in a divorce tends to make all parties involved poorer, if it changes their financial situation in any substantial way. Anyone complaining on the Internet that his ex-wife is getting a free ride at his expense would probably change his tune if you actually got to look at his ex-wife’s bank… Read More »

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DivorceTime

The First Quarter of the Year Is Divorce Season

By Schwartz | White |

This year, Divorce Monday has come and gone, but divorce season is still in full swing. You may have heard the statistic that more people file for divorce and set up initial consultations with divorce lawyers on the first business Monday of the year than any other day. This year, Divorce Monday was January… Read More »

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DivorceMoney3

Equitable Distribution When the Couple’s Main Source of Income Was One Spouse’s Medical Malpractice Settlement

By Schwartz | White |

Florida is an equitable distribution state, which means that the court divides the couple’s marital property in a way that is fair to both parties, even though it does not always entail an equal division; it depends on each party’s earning potential and expenses and the value of each party’s separate property, because only… Read More »

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DivorceCost

Equitable Distribution When One Spouse’s Job is Cushier Than the Others

By Schwartz | White |

Marriage counselors will tell you that having a professional life and recreational interests separate from your spouse and their job and hobbies, but for the most part, the parties in lasting marriages see themselves as a team. You and your spouse might have separate bank accounts in addition to your joint account, and you… Read More »

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DivDecr

You Can’t Avoid a Divorce by Pretending You Didn’t Receive the Divorce Papers

By Schwartz | White |

Sometimes people do desperate things when they find out that their spouse plans to divorce them. Your previously mild-mannered spouse might turn into a monster you do not recognize, calling you terrible names, sabotaging marital property, and threatening to fight you over every penny and make the judge think that you are a terrible… Read More »

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EqualDistr

Equitable Distribution of Marital Assets After a Short-Term Marriage

By Schwartz | White |

The cases where courts consider alimony are those where the parties were married for a long time and their earning potential is very unequal. Permanent alimony is only an option when the marriage lasts at least 17 years, except in extraordinary cases. For shorter marriages than that, the duration of alimony cannot exceed the… Read More »

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MomDaughter8

The Child’s Best Interests Come First: The Courts Should Not Change Custody Arrangements Just to Punish a Parent for Non-Compliance

By Schwartz | White |

A parenting plan is a court order. If you do not follow your court-ordered parenting plan, your ex-spouse can file a motion to hold you in contempt of court. If the court holds you in criminal contempt, you can even go to jail. While the parenting time and decision-making provisions differ from one family… Read More »

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HeartDollar

What Good Is One Dollar of Alimony Per Year?

By Schwartz | White |

Permanent alimony is a sore subject for many couples; there is even a movement to abolish permanent alimony completely, reducing the types of alimony that courts can award to five. Permanent periodic alimony, in which the wealthier spouse pays the recipient spouse alimony each month until one of the parties dies or the recipient… Read More »

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Divorce16

How Do the Courts Impute Income When a Disaster Changed the Couple’s Standard of Living Just Before the Divorce?

By Schwartz | White |

The COVID-19 pandemic seriously messed with a lot of people’s finances. This means that divorces courts all over Florida are currently trying to make decisions about equitable distribution and alimony based on information about the couple’s standard of living before the pandemic. The future is uncertain, and there is plenty of room for disagreement… Read More »

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