Palm Beach Divorce Lawyer & Family Law Attorney

Florida courts are statutorily required to consider the following factors in awarding custody and visitation (“time-sharing”):

1. Does a parent make an effort to encourage a close relationship between the children and the other parent?
2. Does a parent adhere to the time-sharing schedule?
3. Is a parent flexible when changes to the time-sharing schedule are requested?
4. Are parental responsibilities delegated to third parties?
5. Does a parent have a history of putting the children’s needs before his or her own needs?
6. Does a parent have mental health issues?
7. Does a parent have physical health issues?
8. How is the school record of the children?
9. To what extent is a parent knowledgeable about the intricacies of the children’s lives?
10. Does a parent maintain a consistent routine?
11. Does a parent keep the other parent informed about issues that the children are facing and important events in their lives?
12. Is there evidence of domestic violence?
13. What parental responsibilities does a parent customarily performed?
14. Is a parent involved in the children’s school and extracurricular activities?
15. Does a parent engage in substance abuse?
16. Does a parent talk about the divorce litigation or make disparaging remarks about the other parent in the presence of the children?

In deciding whether or not to award alimony, trial courts in Florida are statutorily required to assess 11 factors. The first, and most important factor, is the payor’s ability to pay alimony and the recipient’s need for support. Once a trial court determines that one party has a need for alimony and the other party has the ability to pay alimony, the court is required to assess 10 other factors in determining the amount and type of alimony.

The 10 factors that Florida courts are required to consider in awarding alimony are as follows.

1. How much does it cost to maintain the standard of living (the lifestyle) that the parties’ established during the course of their marriage?
2. How long were the parties married?
3. What are the ages and the physical and emotional condition of the parties?
4. What financial resources do each of the parties have?
5. What are the parties levels of education, their vocational skills and their earning capacities, and is there a need for additional education or training to enable the recipient to obtain appropriate employment.
6. What contribution did the parties make to the marriage?
7. What responsibilities will each of the parties have for raising minor children of the marriage?
8. What are the tax consequences of paying and receiving alimony?
9. What sources of income do each of the parties have?
10. Are there any other factors that need to be considered by the court in order to reach a fair and just alimony award?

In distributing marital assets and liabilities, Florida trial courts are required to perform the following seven functions:

1. identify all nonmarital assets;
2. identify each of the party’s ownership interests in these nonmarital assets;
3. identify all marital assets;
4. value all significant marital assets;
5. divide marital assets between the parties;
6. identify all marital liabilities; and
7. designate which of the parties are responsible for the payment of marital liabilities.
8. Therefore, in Florida, it is important to know which assets and liabilities are considered to be marital and which assets and liabilities are considered to be nonmarital.

In Florida, there are six types of marital assets and liabilities. They are:

1. all assets acquired and all liabilities incurred during the course of the marriage;
2. any appreciation in the value of nonmarital property as a result of the efforts of either of the parties during the course of the marriage or from the contribution of marital funds;
3. payment of the principal of the mortgage on any nonmarital property with marital funds, and passive appreciation of nonmarital property if the mortgage on that property was paid with marital funds;
4. gifts between the parties during the course of the marriage;
5. pension, retirement, profit-sharing, deferred compensation, insurance, and annuities accrued during the course of the marriage;
6. real estate and personal property held by the parties as tenants by the entireties are presumed to be marital assets, subject to a claim by either of the parties that all or a portion thereof is nonmarital.

In Florida, there are five types of nonmarital assets and liabilities. They are:

1. all assets acquired and all liabilities incurred prior to the date of the marriage, and all assets acquired and all liabilities incurred in exchange for these assets and liabilities;
2. all assets acquired by noninterspousal gift;
3. all income derived from nonmarital assets during the course of the marriage, unless this income was used or relied upon by the parties as a marital asset;
4. all assets and liabilities excluded from the marital estate by prenuptial or post nuptial agreement, and all assets acquired and all liabilities incurred in exchange for these assets and liabilities;
5. all liabilities incurred by forgery or the unauthorized signature of either of the parties.

In Florida, there is no presumption in favor of or against child custody relocation. The parent wishing to relocate has the burden of proof to demonstrate to the court that the relocation is in the children’s best interest. If that burden of proof is met, the burden of proof then shifts to the nonrelocating parent to demonstrate to the court that the proposed relocation is not in the children’s best interest.

In deciding whether or not to grant a petition to relocate, some of the statutory factors that Florida courts are required to evaluate are:

1. How involved are each of the parents in their children’s lives?
2. What is the nature of the relationship between the parents and their children?
3. What is the nature of the relationship between the children and other significant people in their lives?
4. What are the children’s ages?
5. How will the relocation affect the children emotionally?
6. What impact will the relocation have on the children’s education?
7. Do the children have any special needs?
8. In the event that a relocation is granted, how will the relationship between the children and the nonrelocating parent be maintained?
9. Is the relocating parent likely to comply with the court ordered time-sharing schedule?
10. Do the children have a preference?
11. Will the relocation enhance the quality of life of the children?
12. Will the relocation enhance the quality of life of the relocating parent?
13. Will the relocation enhance the relocating parent’s financial situation?
14. Will the relocation enhance the children’s educational opportunities?
15. Does the relocation have emotional benefits for the children?
16. Does the relocation have emotional benefits for the relocating parent?
17. What are the reasons for the proposed relocation?
18. What are the reasons that the nonrelocating parent objects to the relocate?
19. What are the current employment circumstances of the relocating parent?
20. What are the current employment circumstances of the nonrelocating parent?
21. Is the relocation necessary to improve the economic circumstances of the relocating parent?
22. Is the relocation sought in good faith?
23. Has the nonrelocating parent fulfilled his or her financial obligations to the children?
24. Are there career opportunities for the nonrelocating parent in the new location if the relocation occurs?
25. Is there a history of domestic violence?
26. Is there a history of substance abuse?
27. Which of the statutory factors that govern time-sharing determinations in Florida militate in favor of or against the proposed relocation?