Category Archives: Divorce
Imputing Income in Florida Divorce Cases: What Courts Require Before Increasing Support Obligations
In many Florida divorce and support cases, a spouse is likely to claim that they earn far less than their potential to earn. Such a reduction in earning capacity will have a direct effect on how much alimony and child support should be awarded. The Florida legal system tries to address such situations using… Read More »
Can Retirement Justify Alimony Modification in Florida? A Look at Good Faith and Financial Reality
In most cases, alimony is usually determined upon divorce according to the economic situation of both spouses at the point of separation. However, what occurs when there are changes in the financial status of one of the spouses, especially in the event of retirement? Can one spouse use retirement as the basis for cutting… Read More »
Uneven Distribution of the Marital Estate
In most Florida divorces, the court has to make an equitable distribution of the couple’s property or the marital estate. This means that the distribution has to be fair but not necessarily equal. Most people think that the marital estate is split in half every time. In most cases, it is, but in many… Read More »
Attorney’s Fees in Florida Divorce Cases: Can I Be Forced to Pay My Spouse’s Legal Fees?
Attorney fees are often awarded in Florida family law cases to equalize the playing field between spouses. The court has broad discretion to grant an award of attorney fees to one party to pay the fees of the opposing party under Section 61.16 of the Florida family law code. However, this discretion is not… Read More »
Farley v. Farley — Contested Alimony in Florida
Alimony in Florida is often hotly contested, especially when the parties disagree about the amount, duration, or even whether it should be awarded at all. Farley v. Farley illustrates how an appellate court scrutinizes alimony awards, particularly long-term, and why trial courts must make clear, statutorily required findings. Background of the case In Farley… Read More »
Contested Prenuptial Agreements in Florida
Prenuptial agreements are made with the intention of offering clarity and predictability within the marriage. However, in cases involving contested prenuptial agreements, Florida courts do not automatically enforce the contract. In cases where one spouse questions the validity of the agreement, it becomes crucial for the Florida courts to review the entire process of… Read More »
Florida Case Involves Contested Prenuptial Agreement
Generally speaking, prenuptial agreements can be seen as an emotional insurance policy. They’re usually signed with optimism for the future. On the other hand, they can be used to protect your interests should things fall apart. In Florida, the law gives wide latitude to couples who want to define their financial boundaries before marriage…. Read More »
Relocating with a Child in Florida After a Divorce
If you have a parenting plan in place, you cannot just up and relocate on a whim. You need either the other parent’s consent or the court’s permission to do so. Relocation hearings can be hotly contested because one parent stands to lose access to the children. Ultimately, the courts must weigh whether the… Read More »
Can I Be Held in Contempt for Violating a Court Order During a Divorce Hearing?
Enforcing a parenting plan after divorce is generally one of the most contentious areas of family law. When one parent refuses to follow the court-ordered timesharing schedule, the other parent can seek relief through a contempt motion. But even in situations like this, courts must stay within clear limits. The recent Florida family law… Read More »
Are Inherited Assets Subjected to Equitable Distribution During a Divorce?
This is a complicated question, so it requires a long answer. Marital assets are subject to equitable distribution during a Florida divorce. Generally speaking, inherited assets are not part of the marital estate. This means that they are not subject to equitable distribution unless they’ve been “commingled” with assets from the marital estate. To… Read More »
