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…
Fort Lauderdale Divorce Lawyer Blog
Appeals Court Reverses Lower Court’s Refusal to Award Wife Permanent Alimony
Deciding the appropriate amount of retroactive support a spouse should receive can be somewhat complex in cases where the couple continues to live together during at least part of the divorce process. In one such recent case involving a veterinarian and his wife, the 5th District Court of Appeal decided…
Court Can’t Use Contempt Powers on Wife Who Didn’t Pay the Mortgage
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…
Understanding How to Protect Yourself Against Harassment
Florida law provides people with various legal avenues to seek protection if they are victims of domestic harassment. Part of the key to obtaining an order of protection, though, is understanding the limitations of the law and what types of protective orders do, or do not, apply to you. One…
Alimony Reform Supporters Use Documentary Film to Bolster Their Case
Still motivated after their near-miss in the last session of the Florida Legislature, advocates for an overhaul to the state’s alimony laws are looking to a newly released documentary film to provide additional fuel to their cause. The film, entitled “Divorce Corp.”, allegedly demonstrates many of the excesses and flaws…
Contempt Proceedings and Florida Family Law Disputes
Contempt of court is an important provision of the law. It allows judges to punish and disincentivize parties from hindering the administration of justice. This may be especially relevant in family law cases where people, who would otherwise never think of defying a judge, do so, not so much due…
Husband’s Use of Trusts to Hold Assets Fails to Prevent Wife From Collecting Alimony
One variety of estate planning technique used to shield assets from creditors is the use of discretionary trusts, such as so-called “spendthrift trusts.” In a recent ruling by the 2d District Court of Appeal, however, the trusts a former husband created failed to block his ex-wife from collecting the alimony…
Couple’s Agreement Didn’t Contract Away Child’s Right to Receive Support, Survives Wife’s Challenge
Resolving issues of back-owed child support can require creative problem-solving between the parties. Sometimes, that creativity may run afoul of the law if it impairs child’s legal right to receive support. One couple’s solution, which converted back-owed child support into a money judgment in favor of the wife and stripped…
Court Decision Highlights the Correct — and Incorrect — Ways to Establish the Value of Marital Assets
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…
Be Careful to Avoid Coercion When Seeking Spouse’s Signature on Prenuptial Agreement
Prenuptial agreements are extremely valuable tools to establish financial boundaries and protect assets each spouse brings into the marriage. To be legal, both spouses must make a genuinely voluntary decision to sign the agreement. Forcing your future spouse to sign a prenuptial agreement in the middle of the night mere…