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Yes. The question then becomes how much? This depends on how much of the spouse’s pension fund the Broward County divorce court judge deems marital property. Florida statutory and case law is clear that all marital property is subject to equitable distribution during a Fort Lauderdale divorce. In a dissolution proceeding, the Seventeenth Judicial Circuit Court will request a list of both parties’ assets, along with details describing when those assets were obtained. Assets that were acquired during the marriage as well as assets that gained value during the marriage – due to marital funds or marital efforts – are considered marital property.

A retirement fund, or pension plan, is money set aside for an employee after he or she is no longer working. Both the employer and the employee contribute to the retirement fund during the course of employment. By definition, a pension plan is deferred compensation. A spouse’s income during the marriage is subject to equitable distribution; so therefore, a spouse’s pension plan is subject to equitable distribution as well. As a general rule, the spouse is entitled to the portion of the pension fund that accumulated during the marriage.

Recently, nine Continental Airlines pilots “faked” their divorces to cash in early on their pension funds. Under a provision of the federal pension law, an ex-spouse who is a named beneficiary is entitled to receive all or a portion of the funds after a divorce. Under the law, the pilots divorced their spouses, however, told neither their children, nor their family members or their friends. The spouses cashed in and after receiving the funds the parties remarried. Continental Airlines found out about the couples’ remarriage and filed suit against them.

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Children who are caught in the middle of a nasty divorce in Fort Lauderdale will soon have legal advocates to look out for their best interests. Governor Charlie Crist made a law that will allow the Broward County divorce court to appoint certified Guardian Ad Litem volunteers to represent minor children in a divorce even when there are no allegations of abuse or neglect. When time-sharing, a parenting plan or parental responsibility is contested in your case, your divorce lawyer may file a motion in the Seventeenth Judicial Circuit Court and ask the family law judge to appoint a Guardian Ad Litem to be your child’s voice during court proceedings.

In a contested divorce, parents hate each other more than it seems like they love their children. Governor Christ’s legislation will improve the quality of life for Florida children whose parents are getting divorced by having an advocate who will focus on the child’s best interest.

Children of Florida should have the opportunity to achieve their dreams and reach their full potential by growing up safe and healthy. Allowing your child to be heard through a guardian ad litem during your divorce or paternity case will benefit most families during this difficult time.

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A Broward County woman who wanted to divorce her husband has been charged with attempted murder after engaging in a brutal act of domestic violence with her husband. Today, a woman residing in Tamarac, Florida held a knife to her husband’s throat and demanded that he sign divorce papers and the deed to their marital residence. The wife was arrested and charged with aggravated battery. Bail was set at $75,00.00 at the Broward County jail. Never try to hurt or commit a crime against your spouse either prior to, during or after your divorce in Fort Lauderdale, Florida.

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Prior to filing for your divorce in Broward County, Florida, your divorce lawyer may want to hire a private investigator to catch your spouse cheating on you. If it is discovered that your spouse has cheated on you, this is a factor that the Fort Lauderdale divorce court may consider in awarding your alimony. However, hiring a private investigator to help your divorce lawyer find out if your spouse is cheating on you at a restaurant or hotel in Hollywood, Weston, Pembroke Pines or Cooper City, Florida with a paramour may become expensive.

GPS, or global position system tracking, is a useful tool that may be used to catch your spouse cheating. GPS systems cost less than $1,000.00 for certain models. During your dissolution of marriage case, a party that owns a car can may be able to conceal a GPS system in a glove compartment or other hiding place legally.

Electronic toll information has now become a thing of the past because of the fact that GPS information is more detailed. Last year, 88 percent of divorce lawyer reported an increase in using electronic information such as GPS and toll-pass date and computer records.

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Children whose parents are going through a divorce in Broward County, Florida have a tough time dealing with the breakdown of their family. M. Gary Neuman, a Florida psychotherapist, is the creator and founder of The Sandcastles Program, which helps South Florida families cope with the inevitable stress resulting from divorce.

Sandcastles originated in Miami-Dade County, Florida and is now mandatory for families seeking a divorce. The Judge will not enter a final divorce decree if the minor children have not participated in the Sandcastles Program. Unlike Miami-Dade County, Florida, minor children are not required to take the Sandcastles course when there parents get divorced in Fort Lauderdale, Florida.

Sandcastles is a three-and-a-half-hour, one time group session for children of divorce between the ages of six and seventeen. The children meet in a group where they find solace in other children who are also going through divorce in their home. For three hours the children role-play, draw pictures, write poems, compose letters to their parents, and answer questions about their experience. The last half hour includes the children’s parents and focuses on improving communication between them. The Sandcastles program has been featured on the Oprah Winfrey show.

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The divorce rate in South Florida could be a reliable indicator of when our economy begins to head out of the recession. Fort Lauderdale divorce attorneys have continuously believed that divorce is recession proof. However, the decreasing divorce rates in Miami-Dade, Broward and Palm Beach counties, as well as across the country, reveal otherwise.

The reason for the decreased rate of divorce is the significant decrease in the amount of money available for equitable distribution. When a marriage is dissolved the marital assets are equitably distributed. The most valuable asset usually is the marital home. There are two typical scenarios regarding the marital home: (1) the parties sell the home and the proceeds are split equitably; or, (2) one party keeps home and the value of the home is deducted from the overall amount that party receives in equitable distribution.

In our current economic situation, the housing market is declining and so the value of the marital home has diminished. Thus, the parties are at a loss if they decided to sell the home and split the proceeds. This loss means the parties cannot afford to find new homes on their own. Therefore, the divorce rate has dropped.

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A mother asked for a South Florida attorney’s advice regarding the shared parental responsibility of her minor child. The mother and father divorced in a Fort Lauderdale divorce court six years ago and as part of their parenting plan the parties implemented both shared parental responsibility and a time sharing schedule. As part of their marital settlement agreement, the couple agreed to raise their minor child in the Jewish faith. However, when the father remarried a Catholic woman sometime after the divorce, he began exposing his child to the Catholic Religion.

The mother was concerned because it appeared the new religious experiences both confused and upset the child. First, the marital settlement agreement specified that the parents would share parental responsibility which means that the parents must cooperate on their selection of schools, doctors and even religious affiliations. Second, because the marital settlement agreement specifically stated the minor child would be raised in the Jewish faith the father’s conduct is in violation of the agreement and the court’s final judgment.

The mother could file a Motion for Contempt and Enforcement. This means that the mother would ask the court to coerce the father to stop violating the marital settlement agreement, thus in effect forcing him to comply with the terms of the agreement.

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Suppose you are a South Florida couple thinking about obtaining a divorce in Broward County, but you have been falling deeper and deeper into debt since you got married. Which should you file for first: bankruptcy or divorce? Theoretically, it is easier to file jointly for bankruptcy first, and then seek a divorce in Fort Lauderdale. This is because after filing for joint bankruptcy the couple’s debt is cleared, thus leaving one less thing to argue about during the divorce in the Seventeenth Judicial Circuit Court.

However, in practice, filing for joint bankruptcy first may not be in the parties’ best interest. First, the parties must be able to get along well enough to do so, as well as trust each other to list all of their assets and liabilities correctly. Second, if one spouse has openly committed fraud, then the couple will want to file separately so that the innocent spouse is not bothered by problems that will arise regarding discharge of the other spouse’s debt.

Because each marriage presents unique situations and circumstances, it is best to consult with an attorney before filing for either bankruptcy or divorce. Despite the ease associated with filing for joint bankruptcy first; nevertheless, there are a variety of financial considerations that could make filing for divorce first a wiser decision for the couple.

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A collaborative divorce is becoming popular in Fort Lauderdale, Florida, and its hype is sweeping throughout Broward County. With a collaborative divorce, obtaining a divorce does not have to be a bitter battle between you and your spouse. Instead, the process leading up to a divorce has the potential to be amicable, and may even be happy! Whether you reside in Hallandale, Weston, Hollywood your should ask your Florida divorce attorney to explain to you the benefits of a collaborative divorce.

The notion behind a collaborative divorce is to dissolve a marriage as efficiently and peacefully as possible. Before talks even begin, both the husband and the wife seek their own attorney. The attorney is hired specifically to provide legal advice and guidance, not to wage war. After the parties have hired individual counsel, the husband, the wife and their respective attorneys sign an agreement to share all information regarding the divorce. Additionally, the parties agree that if either the husband or the wife back out of the collaborative divorce process, the attorneys will withdraw from the case as well.

Not too much goes on behind closed doors. Instead the parties come together before a neutral mental health professional, who guides the parties into productive discussions and minimizes their bickering. Additionally, this professional helps the parties to design a parenting plan with the goal of achieving what is in the best interests of their children. Also, a neutral financial advisor is present to help the parties divide their assets and liabilities.

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In Anderson v. Department of Revenue, the Fourth District Court of Appeals reversed a Broward County, Florida divorce court decision holding an indigent father in contempt of court for his failure to pay child support and for setting a purge of $5,000.00. Judge Alfred J. Horowitz, a divorce judge in Fort Lauderdale, Florida ordered Mr. Anderson to pay $5,000 in child support arrears within 48 hours to avoid jail time. Mr. Anderson timely appealed Judge Horowitz’s order to the Fourth District Court of Appeals because he was indigent; and therefore, would not be able to make the immediate $5,000 payment. The trial court determined that Mr. Anderson was indigent purposes of his appeal.

Mr. Anderson was in child support arrears over $50,000. Even though he owed a substantial amount of money, the Fourth District Court of Appeals held that the trial court committed reversible error in finding Mr. Anderson in contempt of court and thereafter determining that he was indigent for the purposes of the appeal. The Court reasoned that the finding of indigent status evidenced an inability to pay the $5,000.00 purge.

When a party is requesting that a court find an obligor in indirect civil contempt of court, incarceration cannot be used as a means to seek compliance with the court order when the contemnor does not have the present ability to purge himself of contempt. The contemnor must have the key to the jailhouse door.