Just three short months after Miami Heat guard Dwyane Wade’s divorce became final, a Florida appeals court was again called upon to enter a decision in the half-decade long legal contest. The 3d District Court of Appeal overturned a trial court’s order requiring the NBA star’s ex-wife to undergo a…
Articles Posted in Divorce
401(k) Loan Used During Marriage Must Be Equitably Divided in Property Distribution
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…
Wording of Settlement Agreement Grants Ex-Wife Larger Share of Ex-Husband’s 401(k), Pension
With marital settlement agreements, much like any other form of contract, even the smallest of details can become extremely important. A case recently decided by Florida’s First District Court of Appeal highlights this point. In a recent case, the court concluded that an ex-wife could receive a portion of the…
George Zimmerman Possibly Hiding from Divorce Papers
On September 5th, the public got even more insight into the now very public life of George Zimmerman (acquitted of the murder of Trayvon Martin) when his soon-to-be ex-wife filed divorce papers in Seminole County. In August, Shellie Zimmerman was found guilty of perjury and ended up with probation, plus…
Can You Modify Alimony in Florida?
Under Florida law, an ex-spouse can request a legal modification of alimony. In a recent case, a couple had divorced after 28 years of marriage. On an appeal of the divorce judgment, the court reduced the husband’s alimony payments. In 2010, about a decade after the divorce, the former husband…
Shocking Miami Marital Murders
One murder and one plotted murder both grabbed headlines this month in Miami and both involved the dissolution of the bonds of marriage.A Paranoid Plot A Dania Beach husband, is being held in prison with his bail set at $5 million for his attempt to hire a hit man to…
Text Message Reveals New Details on Future of Florida’s Alimony Bill
Changes may be coming soon to Florida alimony law and the effects may retroactively extend to cases settled years ago. If a bill recently vetoed by Florida Governor Rick Scott is reintroduced for the 2014 legislative session, it will spark another long fight over how Florida’s “permanent alimony” system is…
The Dwayne Wade Divorce Saga Has Ended
Residents of the Miami-Dade area, even Florida itself, have heard a lot about Dwayne Wade over the past year. He has had a storied history both on the court and in court. As one of the Miami Heat’s most prized players, Dwayne Wade has lived the typical athlete’s life of…
DOMA Overturned – Legal News for Floridians
Commonly known as DOMA, the Defense of Marriage Act was partly overturned by the Supreme Court on June 26, 2013.DOMA was originally enacted in 1996 under President Clinton. One component of the statute permits states to refuse to recognize same-sex marriages performed under the laws of other states. President Clinton,…
Common Law Marriages in Florida?
How can a couple that has never had a marriage ceremony or a marriage certificate be married? This legal theory is known as common law marriage and it treats a man and woman who act like a husband and wife as a husband and wife upon splitting up.Florida recognized common…