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October 2017 Archives

Alimony for Self-employed, Small Business Owners in Florida

In a recent alimony case captioned Gillette v. Gillette, the Florida Court of Appeal refused to impute income to a small business owner who chose to continue working in his own business rather than working for a larger employer.

The Division of Property and Assets in Jupiter, Florida

The Division of Property and Assets statute in Florida classifies property as marital assets and nonmarital assets. A divorce court divides marital assets between the parties. However, nonmarital assets are retained by their owner. When a nonmarital asset is enhanced in value by marital labor or by marital money, the enhancement in value itself becomes a marital asset. In a recently decided case captioned Higgins v. Musso, the wife received a home as part of her divorce from her first husband. She borrowed money from her parents to buy out her first husband's interest in the property. The wife's mother filed a lien on the property which proved that the wife borrowed money to purchase and renovate the home. The wife also utilized marital funds to fix the property after it was damaged by two hurricanes. The wife painted the ceiling, installed new carpet, and put in a new roof. Insurance proceeds paid for some of the repairs. The parties took out a line of credit to build the marital home and took out a loan to repay the line of credit. The home sold for over a million dollars. The sale proceeds were deposited into a bank account. The trial court ruled that the entire proceeds from the sale of the home were marital assets.

Child Relocation in Palm Beach Gardens, Florida

In a recently decided child relocation case, the parties had two minor children. The Wife wanted to relocate to Virginia with the children. The Husband opposed the relocation. The parties lived in Virginia for many years prior to moving to Florida. After the parties lived in Florida for two years, the wife filed a petition for divorce. The wife requested that the trial court permit her to relocate with the children because she believed that the relocation would be in the children's best interest. Additionally, she argued that the relocation would eliminate her need to constantly travel for work.

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Palm Beach Gardens Office
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3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

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Phone: 407-917-5005
Phone: (561) 328-1111
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Wellington Reserve
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Wellington, Florida 33414

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Phillips Point
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West Palm Beach, Florida 33401

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One Boca Place
2255 Glades Road
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Boca Raton, Florida 33431

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