Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

February 2014 Archives

Division of Property and Assets in Jupiter, Florida

In awarding a division of property and assets, a divorce court cannot order a service member to designate a life insurance beneficiary. In Hirsch v. Hirsch the Florida Court of Appeal recently stated: "[T]he Former Husband, appeals a Final judgment dissolving his marriage to...the Former Wife...During trial, the Former Husband testified briefly that he maintains a group life insurance policy acquired through his military service in the Army Reserve. He testified that at the time of trial he had named as the policy's beneficiaries his children, his parents, and his fiancĂ©e. 

Wellington Florida Divorce - Division of Property and Assets

In making a division of property and assets in a divorce proceeding, there must be extraordinary circumstances to award an interim partial distribution. In Defanti v. Russell, the Florida Court of Appeal recently stated: "This is an appeal from the circuit court's order granting the former wife's amended sworn motion for summary judgment, which sought an interim partial distribution of marital assets in a dissolution of marriage case. The former husband's estate argues that the former wife was not entitled to the interim partial distribution because she did not show the statutorily-required good cause. We agree with the estate and reverse.

Alimony in Palm Beach Gardens, FL

In awarding alimony in a Florida divorce proceeding, the trial court errs when it sets off an equitable distribution payment against the payor's alimony obligation.  In Moore v. Moore, the Florida Court of Appeal stated that: "The trial court also erred by setting off the equalization payment, which Former Husband was required to make to Former Wife pursuant to the partial settlement agreement, against Former Wife's bridge-the-gap alimony obligation. 

Divorce - Award of Attorney's Fees in Wellington, Florida

In a divorce proceeding, the trial court can only order a lump sum payment of attorney's fees if there is evidence that the payor can make the payment in the time-frame ordered.  In Duncan v. Duncan the Florida Court of Appeal recently stated: "This case involves a straightforward request for temporary support in a dissolution action. [T]he Husband) appeals an order compelling him to pay $50,000 in temporary attorney's fees and $10,000 in temporary accountant's fees within fifteen days to...the Wife. 

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions