Florida is an equitable distribution state, which means that, for the most part, any assets acquired during a marriage are considered the property of both parties. Further, such property is subject to division by the courts in the event a couple decides to divorce. The courts do not have to…
Florida law permits parties to submit proposed orders in family law proceedings. The courts rarely adopt such orders as is, however, but instead will exercise their own judgment as to what constitutes an appropriate ruling. If a court does adopt a proposed order verbatim, it must demonstrate that it exercised…
Florida is an equitable distribution state, which means that any property deemed a marital asset will be divided equitably among the parties in a divorce action, while any separate property will remain separate. As such, it is critical that the courts properly characterize all property the parties own to ensure…
In Florida divorce actions, the courts may order one party to pay the other alimony. Generally, the courts will not grant alimony unless the evidence demonstrates both that the party seeking support lacks the financial resources to provide for their basic needs and that the party from whom support is…
In Florida divorce actions, the parties will often engage in discovery to gain a better understanding of their separate and marital assets. Such discovery generally must be completed before the parties enter into a marital settlement agreement. There are exceptions to the general rule, however, such as when one party…
When Florida family courts incorporate marital settlement agreements into final orders of dissolution, they will often retain jurisdiction over any issues that subsequently arise regarding the agreements. In such instances, if a party files an action in a different court, it will most likely be deemed improper. As explained in…
Pursuant to Florida law, when a couple divorces, their marital assets are subject to equitable distribution, while their separate assets remain separate. The distribution process can become complicated, however, if the parties mingle separate and joint assets throughout their marriage. This was demonstrated in a recent case in which a…
Florida law permits parties to seek alimony in divorce actions. The courts will only grant alimony if they deem it necessary under the circumstances. In other words, the courts must typically find that the divorce will cause a party to suffer financial hardship in order to grant them alimony. Thus,…
It is within the authority of the Florida courts not only to award alimony in divorce actions but also to modify existing alimony orders. In either scenario, however, the court must set forth certain factual findings; otherwise, any order issued may be subject to reversal. This was illustrated in a…
It is not uncommon for the Florida courts to order one party to pay the other alimony in divorce actions. Unfortunately, parties do not always abide by the court’s orders, and legal action must be taken by the courts to compel compliance. For example, the courts may impose equitable liens…