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Articles Posted in Divorce

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Using Marital Assets to Pay for Obligations on Non-Marital Assets in Florida

In many divorce cases, one of the key areas to resolve is equitable distribution. In some marriages, the couple may have a mixture of marital assets, non-marital assets, and maybe non-marital assets that were improved or acquired in part by using marital funds. Reaching a conclusion on equitable distribution can…

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Failure to Use Most Recent Salary Bonus Figure Leads Florida Appeals Court to Reverse Alimony, Child Support Calculations

In your alimony or child support case, there can be many components that go into calculating the appropriate amount of support owed. Part of making that calculation is ensuring that only a supporting spouse (or parent)’s regular and continuous income is factored into the determination. Whether or not you are…

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Modification of Alimony and Retroactive Application in Florida

When you, as a spouse who owes an obligation of alimony, experience a substantial chance in your income, the law may provide you with certain avenues to obtaining a reduction in, or the elimination of, your alimony payments. In many situations, that change may even apply retroactively to some date…

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How the Terms of a Prenuptial Agreement Blocked an Award of Alimony in One Florida Divorce Case

The law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony…

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Procedural Deadline Rules and How They Can Make or Break Your Florida Family Law Case

A well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a…

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Florida Ex-Wife, as an Alimony Creditor, Was Allowed to Pursue Ex-Husband’s Insurance Assets, Homestead Property if Fraud Was Involved

An ex-wife secured an important victory in the Fourth District Court of Appeal, with that court ruling that she could pursue the ex-husband’s insurance assets and homestead property if she could establish that the ex-husband engaged in fraud. The ruling was a significant one in that it rejected the notion…

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Equalizing Payments, Marital Home Quit Claim Deeds, Equitable Distribution, and Your Florida Divorce Case

In divorce cases in which issues related to minor children do not play a role, the biggest issue facing many spouses is that of the division of assets. For many of those couples, the largest single asset with which they must deal is the marital home. Frequently, one spouse will receive…

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The Impact of the Depletion or Diminution of Assets on Your Equitable Distribution in Florida

In a divorce case in which equitable distribution is an issue, there are many details that can substantially alter the result in your case. For example, the decision regarding which date to use for assessing the value of an asset can make thousands of dollars of difference, as was demonstrated in a…

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Unmarried Same-Sex Partners and Oral Cohabitation Agreements: What Florida Law Allows

Marriage equality for same-sex couples has existed in Florida for two years, ever since the U.S. Supreme Court’s Obergefell v. Hodges decision. The first state to recognize same-sex marriage was Massachusetts, and it did so just over a decade ago. Same-sex couples in committed relationships have existed for much longer…

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