In Florida divorce cases, there are three dates that courts utilize to determine whether assets and liabilities are marital: (i) the date when the parties execute a valid separation agreement, (ii) a date agreed to by the parties in a valid separation agreement; and (iii) the date the divorce is filed.
Palm Beach Florida Divorce & Family Law Blog
Are Assets Acquired After a Divorce is Filed Marital Assets?
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Psychological Evaluations in Child Custody Cases in Florida
Psychological evaluations in child custody cases in Florida are permitted when: (i) a parent’s mental condition is directly involved in the determination of an issue that is presently before the Court, and (ii) a parent’s mental condition makes him or her unable to meet the children’s needs or substantially affects his or her ability to raise the parties’ children.
How to Receive an Unequal Division of Marital Assets
Under certain circumstances, Florida courts will award an unequal division of property and assets based upon the following factors: (i) each spouse’s contribution to the marriage, (ii) the length of the marriage, (iii) whether there was an interruption of either party’s career or educational opportunities, and (iv) a number of other factors.
Imputing Income for Purposes of Alimony in Florida
Income will be imputed to an unemployed or an underemployed spouse in an alimony case in Florida when the spouse has the ability to earn more money than he or she is currently earning and is deliberately refusing to be employed at his or her higher earning capacity.
Florida Permanent Alimony
There is a rebuttable presumption that Florida trial courts will award permanent periodic alimony when there is a long term marriage. A long-term marriage is a marriage that exceeds seventeen years.
How Florida Courts Calculate the Amount of Alimony
In making an alimony determination, a trial court is required look at all sources of income that are available to both parties. For purposes of determining alimony, income is considered to be any type of payment, regardless of the source.
Child Custody and Visitation During Holidays in Florida
A child custody and visitation case involving holiday timesharing was recently decided by the Florida Court of Appeal in a case captioned Glevis v. Glevis. The Florida Court of Appeal ruled that were both parties are awarded time-sharing, rotating holiday timesharing is required unless the trial court articulates a sound reason for the denial pf holiday time-sharing.
How to Win a Modification of Child Custody and Visitation Case in Florida
A Modification of Child Custody and Visitation case was recently decided by the Florida Court of Appeal in a case captioned Romeo v. Romeo. In this case, the former husband and former wife were divorced in 2007. The Final Judgment dissolving their marriage contained...
Calculating Alimony in Florida
The purpose of permanent alimony is to provide for the needs and necessities of the recipient as they were established during the course of the marriage. It is not intended to divide the parties’ future income in order to create financial equality. Permanent alimony is inappropriate when there is not a permanent inability on the part of the recipient to become self-sustaining.
Alimony in Boca Raton, Florida
An alimony case was recently decided by the Florida Court of Appeal in a case captioned Baron v. Baron. In Barron v. Barron, the Wife appealed a Final Judgment of Dissolution of Marriage that denied her request for permanent periodic alimony. The parties were...