Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans. The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do […]
Tag: Florida Dissolution of Marriage
Dorworth v. Dorworth
Alimony and Equitable Distribution of marital assets and debts are tools that courts can, and often do, use to achieve equity. So long as there is competent substantial evidence supporting findings of valuation, and the required statutory findings regarding ED and alimony are made, courts have great discretion to fashion distribution and support schemes that […]
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 […]
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 […]
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Enforcement of Property Distribution
If you have been awarded a particular distribution of assets and/or liabilities, and the opposition is not doing what they have been ordered to do, there are many legal remedies available to compel compliance. The courts always maintain jurisdiction to enforce their own orders, and the law also provides remedies that can be enforced in […]
How Is The Marital Estate Determined?
Everything that a spouse acquires from the day that the marriage occurred to the day that a Petition for Dissolution of Marriage is filed is marital by default. That includes assets and liabilities, however they are titled. We start with the assumption that all of those things are marital and thus part of the marital […]
Alimony and Supportive Relationships
Those of you who pay alimony should be aware that your alimony obligation could be reduced or terminated by the court if the court determines that since your divorce, a supportive relationship has existed between your former spouse and the person with whom your former spouse resides. In evaluating whether a supportive relationship exists between […]