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Articles Posted in Divorce

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Court Discusses Equitable Distribution in Florida Divorce Actions

In Florida, marital assets are subject to divorce actions, while non-marital assets remain the property of the spouse that owns it. Assets that become comingled, where marital and non-marital funds intermingle, can present challenges during equitable distribution. The court may need to discern the separate contributions of each spouse to…

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Florida Court Discusses Termination of Alimony Due to a Supportive Relationship

It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The…

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Court Explains Classification of Property in Florida Divorces

In Florida divorce actions, what constitutes marital property, and how such assets should be divided is often one of the most contested issues. Generally, separate property remains separate unless the spouse that owns the property comingles assets or otherwise takes action to commute it into marital property. As discussed in…

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Florida Court Explains Certiorari Review in Family Law Cases

In Florida family law actions, as in other proceedings, parties have the right to appeal orders they believe were issued improperly. Such right is not absolute, however, as there are certain prerequisites to filing an appeal, including the requirement that the relief sought must be attainable. This was illustrated in…

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Court Discusses Alimony Modifications Under Florida Law

Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in…

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Florida Court Explains Grounds for Ordering a Party to Pay Attorneys’ Fees in Divorce Cases

Generally, in family law cases, parties are required to pay their own attorneys’ fees. There are exceptions, however, where the court will order one party to pay another’s counsel. Generally, though, such orders are only issued as sanctions for vexatious litigation or when one party has a need and the…

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Florida Court Discusses Findings Required Prior to Awarding Alimony

Alimony plays a crucial role in many Florida divorces in that it helps lesser-earning parties maintain financial stability after their marriage ends. Merely because a party requests alimony does not mean that it should be granted, however, and even if a court finds that alimony is appropriate, it must comply…

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