Divorce proceedings in Florida often involve the division of businesses. Courts typically effectuate the division of property and assets in a Florida divorce in such a manner as to allow the operating spouse to retain his or her ownership in the business. Florida Courts will not require spouses to remain in business together when one or bothContinue reading “Divorce in Florida – Division of a Business”
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Author Archives: Matthew Lane
Division of Property And Assets Wellington, FL
In effectuating a division of property and assets in a divorce proceeding in Florida, enterprise goodwill represents the tendency of customers to return to a business regardless of the reputation of a person who works at the business. Personal goodwill is attributable to the reputation and continued participation of an individual who works at the business. TheContinue reading “Division of Property And Assets Wellington, FL”
Division of Property and Assets Involving Companies in Florida
In a Florida divorce, the value of a business is determined by valuing all of its assets and the amount of its liabilities. In Florida, businesses are valued according to their fair market value. Fair market value is the amount that a willing buyer would pay and a willing seller would accept. Enterprise value isContinue reading “Division of Property and Assets Involving Companies in Florida”
Division of Property and Assets in Florida
In a recent division of property and assets case, captioned Gotro v. Gotro the Florida Court of Appeal held that a trial court should not include expended assets in an equitable distribution scheme unless these assets were dissipated as a result of one of the parties’ misconduct. In this case, the parties had a 39 year marriage and hadContinue reading “Division of Property and Assets in Florida”
Division of Property and Assets in a Boca Raton, Florida
The division of property and assets in a divorce proceeding cannot include property that was previously conveyed to the parties’ children. In a recently decided case captioned Perez v. Perez, the parties were married for twenty-three years. The husband and wife owned several pieces of real estate. During the course of the marriage, they conveyed four piecesContinue reading “Division of Property and Assets in a Boca Raton, Florida”
Are Assets Acquired After a Divorce is Filed Marital Assets?
A division of property and assets case captioned Ritacco v. Ritacco was recently decided by the Florida Court of Appeal. This case involved a twenty-two year marriage. During the course of the marriage, the parties had two children. Both are now adults. The Husband drew a salary, received a pension, and owned a DROP account. The Wife moved outContinue reading “Are Assets Acquired After a Divorce is Filed Marital Assets?”
ARE WITHDRAWS FROM RETIREMENT ACCOUNTS CONSIDERED TO BE INCOME FOR PURPOSES OF CALCULATING ALIMONY?
A recently decided alimony case captioned Rodolph v. Rodolph involved two appeals by the husband. Since both appeals involved the same parties and the same facts, the Florida Court of Appeal consolidated the cases into one appeal. In Rodolph v. Rodolph, the husband appealed the lower court’s order denying his Supplemental Petition for Termination or Modification of Alimony. Continue reading “ARE WITHDRAWS FROM RETIREMENT ACCOUNTS CONSIDERED TO BE INCOME FOR PURPOSES OF CALCULATING ALIMONY?”
Date on Which the Child Support Award Modification Takes Place in Florida
Child Support Award Modification – Date on Which the Modification Takes Place in Florida When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. “Furthermore, when the issue is arrearages, the obligor is entitled to aContinue reading “Date on Which the Child Support Award Modification Takes Place in Florida”
Contests to Prenuptial Agreements in Palm Beach, Florida
In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status. In Hahamovitch v. Hahamovitch, the Florida Court of AppealContinue reading “Contests to Prenuptial Agreements in Palm Beach, Florida”
Children’s Preferences in Child Custody and Visitation cases in Florid
A Child Custody and Visitation case involving a child’s custody preference was recently decided by the Florida Court of Appeal. In a case captioned Talarico v. Talarico, the mother and father had two children. The parties divorced and negotiated parenting plans. Several years later, the father sought a modification of child custody and visitation, which the trial courtContinue reading “Children’s Preferences in Child Custody and Visitation cases in Florid”
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