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Category Archives: Uncategorized

HouseSplit2

Selling the Marital Home In Divorce Is Not Always a Road to Riches

By Schwartz | White |

The web pages of divorce law firms will tell you that the goal in divorce is to divide marital assets in the fairest possible way; this is the meaning of “equitable distribution,” the rule that the Florida family courts follow when determining how to divide the marital property.  Of course, compared to your own… Read More »

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Divorce18

How Does Divorce Affect Your Health Insurance Coverage?

By Schwartz | White |

Some people stay in unhappy marriages because they do not want to break their marriage vows, while others stay because they fear the unknown.  For many people who initiate divorce, one of the main reasons that they hesitate to get divorced is because they do not know how they can survive financially without their… Read More »

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PetCat

Who Gets To Keep The Pets In A Divorce?

By Schwartz | White |

Sometimes the most painful aspect of divorce is fighting over possessions that have modest resale value but to which both spouses are deeply emotionally attached.  The situation is even worse when those possessions are not things, but rather beloved family pets.  To add insult to injury, the court tends to see things in terms… Read More »

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Alimony12

Alimony Decisions That Assume That The Supported Spouse Will Re-Enter The Workforce After Divorce

By Schwartz | White |

Whenever possible, Florida divorce courts divide a couple’s marital assets in such a way that neither spouse will require alimony from the other.  If one spouse has little or no income, though, alimony is often the only choice.  In order to determine how much money the supported spouse needs, though, the court must determine… Read More »

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DivCouple13

Can You Get Alimony If the Court Decides That Your Marriage Was Not Legally Valid?

By Schwartz | White |

It is a shock, to say the least, if you go to court to get a divorce, and the judge tells you that you were never legally married to your spouse in the first place.  The reasons that the court might decide this are various.  In some cases, the court might rule that, unbeknownst… Read More »

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Prenup12

Keeping Your Finances Separate After Marriage? There’s a Prenup for That!

By Schwartz | White |

Florida law provides that any income you earn or any asset you acquire while married to your spouse is marital property.  Money and property that you owned before your marriage is separate property unless you treat it as a marital asset.  Examples of treating a separate asset as marital property include adding your spouse’s… Read More »

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HouseSplit2

When the Court Lets You Keep the House, While Also Awarding Half of Its Value to Your Ex-Spouse

By Schwartz | White |

No two divorce judgments are alike; equitable distribution means dividing the couple’s property in a way that is fair, and that is different for every couple.  Sometimes one spouse needs and wants the marital home much more than the other one does, in which case it is fair for him or her to keep… Read More »

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Divorce13

Possible Legal Complications with Same-Sex Divorces in Florida

By Schwartz | White |

Now that same-sex couples can enjoy the benefits of legal marriage in Florida, the possibility of divorce comes into the equation as well. While same-sex couples have the same rights to divorce as they do to marry, there may be some additional challenges that heterosexual couples do not face when getting a divorce. Length… Read More »

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Marital or Separate Property in Florida Divorces

By Schwartz | White |

A huge part of any divorce proceeding involves negotiating an equitable division of assets. In divorce, assets acquired during the marriage are marital and each party is entitled to a fair share. Separate property, on the other hand, is property that either spouse owned prior to the marriage, or received during the marriage by… Read More »

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How an Ex-Spouse’s Cohabitation May Affect Florida Alimony

By Schwartz | White |

It is not uncommon for a person who receives alimony to remain unmarried – even if they are in a long-term, committed relationship – just so they can continue to receive those payments. If the ex-spouse is living with the new partner, Florida law allows evidence of that cohabitation, or “supportive relationship,” to be… Read More »

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