Pursuant to Florida law, with few exceptions, any assets obtained during a marriage are considered marital property, while property obtained prior to the marriage remains separate. Applying this general rule can become complicated in divorce actions in which the parties mingle separate and marital assets. As discussed in a recent…
In many marriages, one party earns the bulk of the income while the other takes care of the home. If a couple with such an arrangement decides to divorce, the lesser-earning party may be eligible for alimony. Further, if the court errs in determining the amount of alimony owed, they…
In Florida divorce proceedings, it is not uncommon for parties to enter into a marital settlement agreement that defines their post-dissolution rights and obligations. Such agreements are contracts and are enforceable as such, which means if one party fails to abide by the terms of the agreement, the other party…
People who decide to end their marriage have the right to determine their rights and obligations and to memorialize them in a marital settlement agreement. Any agreement entered into with regard to the division of property and debts, custody, and other family law issues must be entered into knowingly and…
Florida courts handling child custody disputes are driven by what is in the best interest of the child. Absent an emergency situation, though, parents in child custody cases have the right to due process, which means, among other things, they should be provided notice of any hearings impacting their rights.…
In any child custody dispute, the Florida courts’ main priority is what is in the best interest of the child that is the subject of the action. Therefore, in some cases, they will issue emergency ex parte orders if they deem it necessary to protect the child. Such orders are…
Many divorcing couples in Florida develop marital settlement agreements to determine their rights and obligations. While the courts will generally enforce the agreement as to the ex-spouses, it is unlikely that a third party has any right to pursue claims under the agreement. This was illustrated in a recent Florida…
In many divorce cases, one of the biggest issues is how marital property, including retirement income, should be divided. As such, many couples will develop marital settlement agreements defining their rights and obligations with regard to retirement. If the terms of such agreements are unclear, however, it could create challenges…
Parents who share custody of a child will often live in the same geographic area, which makes custody exchanges relatively easy. It is not uncommon, though, for one parent to wish to relocate to another city and to take their children with them. While a parent has the right to…
Florida is an equitable distribution state. As such, if a couple decides to end their marriage via divorce, the court will distribute any marital property between them in a manner that it deems fair and just. Equitable distribution only applies to marital property, however; separate property remains the sole asset…