Author Archives: Jay Butchko
Considerations For Men During A Florida Divorce
Divorce is stressful for everyone, but research has shown that men have a more difficult time acclimating to life after divorce than women do. This is largely related to the fact that men tend to socialize through their wives and end up without a strong social support system in place after divorce. This is… Read More »
Appeals Court Reverses Decision In Favor Of Wife After Husband Fails To Timely Execute Prenup Clause
Prenuptial agreements are written contracts between a husband and his wife concerning what happens to marital assets and other provisions should the marriage end in divorce. These agreements are broadly enforceable by the courts, even if they’re a bad deal for one party. But the courts will take the text of the prenup literally… Read More »
Appellant Claims Trial Court Failed To Distribute All Marital Liabilities
In the case of Pukin v. Pukin, the former husband and wife were married on June 30, 2007. Two children were born of the marriage and both were minors at the time of the divorce proceedings. On June 25, 2019, the former husband filed a Petition for the Dissolution of Marriage and Partition. The… Read More »
Appeals Court Addresses Whether Former Wife Was Underemployed For The Purposes Of Calculating Alimony
When calculating support, the courts are asked to determine a monthly figure that is based on the needs of the receiving party and the paying party’s ability to pay. In the case of Edmonds v. Edmonds, the former husband argued that his wife was underemployed and should have income imputed to her for the… Read More »
Former Wife Appeals Decision To Award Necklace To Former Husband
In the case of MacPherson v. MacPherson, the former wife argued that the trial court erred when it distributed a necklace owned by the deceased brother of the former husband despite the fact that the former husband failed to present any evidence at trial that the necklace existed or was in the former’s wife’s… Read More »
Wife Appeals Denial Of Bridge-The-Gap Alimony In Florida Divorce Case
In the case of Bell v. Bell, the husband and wife were married in 1997. The wife filed a petition for the dissolution of the marriage ten years later. The former wife appealed the final judgment of the dissolution of the marriage and the denial of her motion for rehearing. On appeal, she raised… Read More »
Husband Seeks Review Of Final Order Granting Legal Fees In Appeal
In the case of Viscito v. Viscito, the husband, Charles Viscito, sought a review of a trial court order and judgment that awarded appellate attorney’s fees and costs to his former wife, Barbara Viscito. The husband hoped not to have to pay for his wife’s attorney’s fees and asked the appeals court to review… Read More »
Mother Appeals Relocation Order Filed By Father
In the case of Mignott v. Mignott, the mother appealed a supplemental final judgment for the dissolution of marriage that incorporated and relied on an order granting a petition of the child’s father to relocate from Florida to Missouri. According to the appeals decision, the trial court failed to make the requisite statutory findings… Read More »
Former Husband Appeals Marital Settlement Including Award For Permanent Alimony
Florida has recently changed the rules regarding permanent alimony. Beforehand, it was not necessarily common for the courts to issue an award of permanent alimony, but it did happen. New Florida laws have done away with permanent alimony in favor of durational alimony. Durational alimony can be periodically renewed if the court finds good… Read More »
Husband Argues Trial Court Abused Its Discretion When Unequally Dividing Mortgage Debt
Florida is an equitable distribution state. That means assets and liabilities (debts) are divided according to what is fair and equitable and not (necessarily) evenly. In community property states, assets and debts are divided evenly regardless of what is fair or equitable. In many cases, the Florida courts will award more of the marital… Read More »
