Category Archives: Family Law
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 »
When Pressure Undermines a Prenup: Lessons from Bates v. Bates
Prenuptial agreements are generally meant to bring certainty to your marriage. However, that’s only the case when they’re entered into freely and fairly. The Florida courts usually give wide latitude to couples who want to decide how their property will be handled if their marriage ends. Those agreements, however, must meet basic requirements for… Read More »
When Custody Changes Hands: Lessons from C.N. v. I.G.C.
Custody battles are among the most painful and complicated issues to land in a family court. In Florida, the law starts with a strict but simple idea: kids do best when both parents stay involved in their lives. That’s why judges usually prefer shared parental responsibility, with plenty of time for the child to… Read More »
When One Parent Takes the Lead: Lessons from Spaulding v. Spaulding
The Florida courts generally lean toward shared responsibility when it comes to custody cases. There is a generally held belief that both parents should remain in the child’s life. But that ideal doesn’t always work out in real life. When the situation is marked by high conflict, neglect, or a level of instability that… Read More »
Florida Appeals Court Examines Alimony Award
The State of Florida changed its rules involving alimony in 2023. Under the new rules, there is no more permanent alimony, only durational alimony, and it’s harder to qualify for. Suffice it to say, paying alimony is nobody’s favorite thing to do. But it is necessary, and the courts will award it in some… Read More »
Wife Successfully Gets Postnuptial Agreement Voided in Florida Family Law Case
Generally speaking, the court will uphold a prenuptial or postnuptial agreement that was voluntarily entered into by both parties, even if one party is severely disadvantaged by the agreement. Nonetheless, you must be able to demonstrate that the agreement was voluntarily entered into by both parties. That’s why it’s so important to have a… Read More »
What Happens if One Parent Tries to Turn the Children Against the Other Parent?
The concept is known as parental alienation. It occurs when one parent tries to turn the children against the other parent. Courts are very aware that children become a battleground in the animosity caused by a divorce. One parent demonizes the other, and the court is left to determine which parent should have custody… 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 »
Can I Modify Alimony After a Florida Divorce Case?
In Florida, it is possible to modify your alimony payments after the judge has granted alimony to your former spouse. But you have to prove “substantial changes” have occurred, either in your ability to pay or your former spouse’s need for financial support. One case in which alimony was modified is Linstroth v. Dorgan…. Read More »
Can Alimony Be Terminated if Your Former Spouse Enters into a New Relationship?
In some cases, the answer is ‘yes’, alimony can be modified if your former spouse, to whom you are paying alimony, enters into a new relationship. If the spouse remarries, then alimony is automatically terminated. However, if the spouse enters into a new relationship or even lives with a new partner, you must show… Read More »
