On September 10, 2015, Florida Senator Tom Lee filed an alimony reform bill with the legislature for its consideration during the 2016 legislative session, which begins in January 2016. The bill, as filed, is largely identical to the alimony reform bill that Senator Lee filed before the 2015 legislative session. The 2015 bill never made […]
Tag: division of marital assets
Alimony Reform – Senate Bill 250
Senate Bill 250 Please find enclosed Senate Bill 250 that Senator Lee filed on September 10, 2015. Also, you will find The League of Women Voter’s President’s, Pamela Goodman, informed letter to Governor Scott on the subject of alimony “reform.” As you can see from a review of Senate Bill 250, the Bill proposes a […]
Hooker v. Hooker
An interspousal gift is established by showing “ ‘(1) donative intent, (2) delivery or possession of the gift, and (3) surrender of dominion and control of the gift.’ “ Vigo v. Vigo, 15 So.3d 619, 622 (Fla. 3d DCA 2009) (quoting Mills v. Mills, 845 So.2d 230, 233 (Fla. 3d DCA 2003)). The burden is […]
Kyriacou v. Kyriacou
In Kyriacou v. Kyriacou, the appellate court roundly criticizes the trial court. The trial court made an unequal equitable distribution, but in so doing made no mandatory findings relative the statutory factors of 61.075. The only finding that the trial court made was that the parties had an unequal ability (in the Husband’s favor) to […]
Weaver v. Weaver
Weaver v. Weaver is an equitable distribution case. The trial court’s distribution was unequal, and granted the Wife partial interest in a non-marital asset of the Husband due to enhancement during the marriage because of the contribution of marital funds. This was error because there was no substantial, competent evidence supporting the enhancement of the […]
Kemp v. Kemp
In Kemp v. Kemp, the trial court ordered an interim partial equitable distribution in the absence of a motion requesting such a distribution, and in the absence of any indication that such distribution could be revisited at a later date. This was error. The only thing requested was temporary attorney’s fees, which was denied. The […]
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Smith v. Smith
In Smith v. Smith, the applicable date for determining whether assets and liabilities are classified as marital or nonmarital was the date of the filing of the petition for dissolution of marriage. Assets and liabilities not in existence on that date should not be classified as marital. Thus, the equitable distribution scheme that the trial […]
Richeson v. Richeson
According to Richeson v. Richeson, a court has no authority to partition jointly-held property in the absence of the parties’ agreement or a specific pleading requesting partition. Richeson v Richeson
Stantcheva v. Stantcheva
Stantchev v. Stantcheva is an equitable distribution case based upon the date of valuation. Two months before the date of filing the Husband had made a transfer from a marital account in the U.S. to a marital account in Bulgaria, and during the transfer and exchange of the funds from U.S. Dollars to Bulgarian leva […]