My spouse wants alimony but is capable of working; will the Court make me pay it?
Jan 03, 2012
One of the most common issues for long duration marriages in Florida is the spouse who has a college degree and can work but who has not worked recently in the marriage.For example, the parties may agr...
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My spouse wasted all of our money gambling will this be considered during the Divorce?
Jan 03, 2012
The short answer is maybe.Prior to considering the impact of the dissipation of marital funds the Court will need to consider a couple important factors.First, when did this dissipation occur?For examp...
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The Court ordered the home sold, but my spouse gets to stay until the sale, do I get anything?
Dec 02, 2011
The short answer is the spouse vacating the home should usually be given some sort of credit to offset the value of remaining in the home.Typically, the Court accomplishes this in two ways.One way is t...
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The Dangers of Texting and Driving
Nov 09, 2011
During the last decade people of all ages have begun to utilize text messaging, email, internet browsing, or gaming features of their cellular telephones. Many people are using these features while ope...
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Is my pension a “marital asset” which the Court can divide during a divorce?
Nov 09, 2011
Generally speaking it is, IF any part of the pension was earned during the marriage.Specifically, even if one earned only a small percentage of their pension during the marriage it is subject to equita...
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How does the Uniform Interstate Support Act affect my out of state support order?
Nov 09, 2011
Florida Statute 88.6041 explains how out of state support orders are to be enforced in Florida.It provides:
(1) The law of the issuing state governs the nature, extent, amount and duration of current...
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What happens if the primary residential parent refuses to comply with the Court ordered timesharing?
Nov 09, 2011
The Court may change the primary residential parent based on a refusal to comply with the Court ordered time-sharing. Florida Statute 61.13 provides that the trial court [m]ay upon the request of the ...
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Can the Trial Court order installment payments to pay off a spouse's interest in the marital home?
Nov 09, 2011
Florida Statute 61.075 provides for an equitable distribution of marital assets.Absent findings of fact to support an unequal distribution of assets, the division should be relatively equal.In many ma...
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Is my family business that I started PRIOR to my marriage, a marital asset?
Nov 09, 2011
As far as a technical definition it is likely nonmarital; however, any increase in value is likely considered a marital asset.
Earlier this year the Second District Court of Appeal, which is the appea...
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