A wife’s efforts to escape responsibility for a $13,500 credit card debt her husband ran up mere days before the wife filed for divorce proved unsuccessful. The debt, incurred to pay for the college education of the couple’s daughter, occurred during the marriage and was not the result of intentional…
A court’s contempt power can be an extremely important and effective tool in ensuring compliance in family law matters, as spouses may ignore court order to spite their exes. This power does come with some clearly delineated limits, though. The power to force a spouse to meet the terms of…
With Christmas having recently come and gone, many people likely received a new addition to an existing collection of possessions. For some, it may have been a new piece of jewelry; for others, perhaps a new power tool. When these collections of become an issue in a divorce, there is…
When a couple divorces, one of the integral elements of property division is separating marital assets from non-marital ones. A recent 4th District Court of Appeal ruling highlights that an asset’s origin at the time the couple marries is not the only criterion for ascertaining its classification. In the Jordan…
One of the central underlying concepts of divorce and marital property settlement is something called equitable distribution. Equitable distribution, which is required by the Florida Statutes, means that each spouse should receive a fair portion of the marital estate, and each should share in both the marital assets and the…
Many times when a client meets with their family law attorney in Fort Lauderdale, they question whether an asset is marital or non-marital. They also question their rights to the future income of marital and non-marital assets. In the case of Morenberg v. Morenberg, the Fourth District Court of Appeal…
Fort Lauderdale divorce attorneys often explain to clients that their marital home may be sold by the court or agreement of the parties as part of the equitable distribution of marital assets and liabilities. Often the marital home is the only asset owned by a divorcing couple and must be…
The Miami Herald is reporting that the Supreme Court of Florida has issued its opinion in Kaaa v. Kaaa that addresses whether and under what circumstances passive appreciation of a marital home that is a nonmarital asset is subject to equitable distribution. For 27 years, the parties resided in a…
Your Fort Lauderdale divorce lawyer should join you and your spouse’s corporation as a party to your dissolution of marriage case if you are requesting the transfer of any of the corporate assets as part of the equitable distribution. In the event that the corporation is not a party to…
If you file for divorce in Broward, your attorney may suggest that you retain a forensic accountant to value the marital business. However, in these uncertain economic times the values of marital assets are volatile and may fluctuate after trial and before the marital and family court in Florida enters…