Category Archives: Divorce
Legal Separation In Florida
Some states allow married couples to file for legal separation. While legal separation involves living apart for a period of time, it is not the same as simply living apart. A legal separation is a pre-divorce process that allows a couple to settle specific issues that need to be addressed while the couple is… Read More »
Can A Florida Court Award Alimony And Child Support In One “Lump Sum”?
While a divorce case is pending, a Florida court may order one spouse to pay temporary alimony to the other spouse. As the name implies, temporary alimony is meant to help the recipient pay for their immediate living and legal expenses until the divorce becomes final. Temporary alimony is not automatically awarded. Rather, the… Read More »
How Spending During A Divorce Can Affect The “Equitable Distribution” Of Marital Property
Florida follows the principle of “equitable distribution” in divorce cases. While this does not necessarily mandate an “equal” distribution of marital property, it does require the court to determine what is “just and equitable under the circumstances.” For example, if one spouse is found to “dissipate” marital assets–i.e., intentionally waste jointly owned property on… Read More »
Can My Ex Still Inherit Under My Will?
Here is a hypothetical situation: Jessica divorced her spouse 10 years ago. But one day, as she is going through some of her files, she comes across her will. She never updated the document following her divorce, and it still names her ex-spouse as the executor and primary beneficiary of her estate. Panicked, Jessica… Read More »
How Does A Court Decide Who Gets The Family Dog In A Florida Divorce?
Child custody is often the most emotionally fraught source of conflict between parties in a divorce. But for many couples, deciding who will get custody of a pet is just as important. Indeed, many people treat their “fur babies” the same as they would their human children. Florida law, however, does not see it… Read More »
Can A Judge Rewrite A Divorce Settlement After The Fact?
Divorce cases are often resolved with both parties negotiating and signing a marital settlement agreement. Once approved by the court, the agreement is a legally binding contract. As one Florida appeals court recently observed, the language used in such agreements “must be crafted with precision, and when they are not, the parties should neither… Read More »
When Can A Judge Modify A Parent’s Child Visitation Schedule?
When minor children are involved in a divorce, the role of the court is to determine “all matters relating to parenting and time-sharing.” In other words, the judge must decide issues related to custody, visitation, and so forth based on what is in the “best interests of the child” and not necessarily what is… Read More »
Can A Florida Judge Alter An Award Of “Permanent” Alimony After A Divorce?
Florida law provides for several different types of alimony. Permanent alimony is appropriate when one spouse “lacks the financial ability to meet his or her needs and necessities of life” following a divorce. Alternatively, a court may award durational alimony if permanent alimony is “inappropriate” but ongoing financial support is still necessary for a… Read More »
What Is The Limit Of An Alimony Award In Florida?
The purpose of alimony is to help one ex-spouse maintain their prior standard of living. Alimony is therefore not awarded in every divorce case. It is only considered appropriate when there is a substantial financial disparity between the parties. Alimony helps to “level the playing field,” especially when one spouse has not worked for… Read More »
Can A Judge Order Me To Buy Life Insurance To Secure My Alimony Obligations?
Florida has complex rules governing the award of alimony in divorce cases. Alimony is not designed to punish a spouse for misconduct. Rather, it is supposed to ensure the receiving spouse has sufficient income to maintain their lifestyle and not become destitute following a divorce. To further these objectives, a judge may in certain… Read More »
