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: equitable distribution
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 […]
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 […]
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 […]
Before, During and After the Divorce
You’re getting a divorce. Divorce is often a long, emotional, stressful process. Many times, people are so focused on the divorce process that they forget about the parts of their life that will not be covered in the divorce proceedings. Matters such as health care directives and estate planning will likely not be fully addressed […]
Retirement Accounts in Divorce: Assets or Income?
According to Florida law, retirement accounts can be treated as both an asset AND a source of income for alimony purposes. So, in the context of seeking alimony modification due to retirement, courts are correct to look at retirement accounts now in pay (distribution) status as sources of income for the alimony payor, even though […]
Emotional Attachment To Assets In Divorce Negotiations
One of the things that happens when a couple gets a divorce is the separation of assets and liabilities. Prior to going to trial, the couple is ordered by the Court to attend mediation in order to allow the parties to resolve all, or as many issues as possible, before involving the Court. In mediation, […]