Articles Posted in Divorce

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Property disputes between former spouses often surface years after a divorce, especially when jointly owned real estate remains unsold and one party shoulders the financial burden alone. A recent decision from a Florida court highlights how courts address reimbursement claims in partition actions when a marital settlement agreement addresses some expenses but remains silent on others. The ruling clarifies the continuing obligations of tenants in common and reinforces the long-standing principles of Florida property law. If you are facing a dispute over jointly owned property after divorce, speaking with a Miami real estate litigation attorney can help you understand your rights and avoid costly missteps as your case develops.

Facts and Procedural History

Allegedly, the plaintiff and defendant purchased a residence during their marriage, taking title subject to a mortgage. Following the dissolution of their marriage, the final judgment incorporated a marital settlement agreement drafted by the parties without counsel. The agreement stated that any gains from the eventual sale of the property would be divided, with the plaintiff receiving a larger percentage. The agreement also required the plaintiff to pay the mortgage and prohibited her from asking the defendant to contribute toward it.

It is alleged that after the divorce, the plaintiff attempted to sell the property but abandoned the effort due to unfavorable market conditions, leaving the mortgage balance exceeding the home’s value. Instead, the plaintiff retained possession and rented the property to third parties at various times over many years. During that period, the plaintiff paid all expenses associated with the property, including taxes, insurance, and maintenance, while the defendant made no financial contributions and received no rental income. Continue reading ›

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Florida’s sweeping alimony reform continues to influence dissolution proceedings in significant and sometimes unexpected ways. One recent Florida decision demonstrates how the timing of legislative amendments can reshape the outcome of a long-term marriage’s financial resolution, even after the parties have completed a final hearing. If you or your spouse intends to end your marriage and you want clear guidance on how to protect your financial interests, you should speak with a Miami family law attorney as soon as possible.

Facts and Procedural History

Allegedly, the wife filed a petition in 2020 to dissolve the couple’s almost 20-year marriage. She sought permanent alimony. Both parties consented to a referral to a general magistrate, who conducted a hearing beginning in March 2023. The hearing concluded in late May 2023, but the magistrate did not issue any oral findings. The petition remained unresolved while the magistrate prepared a recommended order.

It is alleged that the magistrate issued a recommended order in August 2023 advising the circuit court to award permanent alimony to the wife. Before the circuit court adopted the recommendation, the husband moved to vacate the order, asserting that the 2023 amendments to section 61.08 eliminated permanent alimony in all dissolution petitions pending on July 1, 2023. The husband contended that because no final judgment had been entered before that date, the petition remained pending and the amended law applied. Continue reading ›

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In family law, property division often presents complex issues when unmarried parents or former partners jointly own real estate. When co-owners cannot agree on the sale or disposition of property, Florida law allows one party to seek partition through the courts. However, even when parties reach an agreement to sell the property privately, that arrangement must still comply with statutory requirements and judicial oversight. A recent decision from a Florida court demonstrates that when a trial court approves a private sale in a partition action, the final judgment must include a fixed and reasonable time frame for completion of the sale, subject to court approval. If the property is not sold within that time, the court must order a judicial sale in accordance with chapter 64 of the Florida Statutes. If you are involved in a dispute over jointly owned property, a Miami family law attorney can help ensure that your rights are protected during the partition process.

Factual and Procedural Background

It is reported that the plaintiff filed a paternity action that also involved issues of timesharing and jointly owned property. The defendant counterclaimed for partition of the real property that both parties owned together. The trial court conducted proceedings addressing both the parenting and property issues. Following those proceedings, the trial court entered a final judgment that established the parties’ timesharing arrangement and ordered partition of their jointly held property.

Allegedly, the trial court approved a plan for the parties to sell the property privately, rather than through a judicial sale. The record reflects that both parties voluntarily agreed to attempt a private sale and sought to avoid the costs and procedural requirements associated with a court-supervised sale. The judgment, however, did not include a specific time limit for the sale or provide for court involvement if the sale failed to occur within a reasonable period. Continue reading ›

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When a marriage ends, the division of property and financial obligations between spouses can be one of the most contested aspects of the case. Florida law requires trial courts to follow statutory procedures when determining equitable distribution and alimony, including specific factual findings to support their conclusions. A recent Florida decision demonstrates that when trial courts fail to make these required findings, appellate courts will reverse and remand for correction. If you are facing a divorce in Florida, a Miami family law attorney can help ensure that all financial determinations in your case are fair, transparent, and consistent with the law.

Factual and Procedural Background

It is reported that the defendant filed for dissolution of marriage in January 2019. The marriage began in 2010. During the litigation, the parties resolved several issues by agreement but left key financial matters for trial, including the valuation of the marital home, the award of alimony, and the defendant’s alleged failure to make mortgage payments as ordered by the court. A bench trial took place in April 2022 to address these remaining issues.

Allegedly, the marital home was valued by an independent appraiser at $338,000 as of the filing date and $475,000 as of the trial date. The defendant had made mortgage payments of $1,825 per month until December 2020, nearly two years after filing for divorce. The plaintiff made certain expenditures on the home’s maintenance and repairs, but a portion of those costs related to vehicle repairs rather than the residence itself. At the time of trial, the mortgage principal was approximately $267,000, with an additional $28,000 in arrearages resulting from missed payments. Continue reading ›

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When Florida courts dissolve a marriage, their judgments must comply with current statutes governing spousal support and equitable distribution. Changes in the law can significantly affect the types of relief a trial court may award. A recent decision from a Florida court reinforces the importance of ensuring that all alimony awards conform to the 2023 revisions to section 61.08 of the Florida Statutes, which eliminated permanent alimony as an available remedy. If you are involved in a divorce in Florida, a Miami family law attorney can help you navigate these complex statutory requirements.

History of the Case

It is reported that the defendant filed a petition for dissolution of marriage in May 2023, seeking to end a long-term marriage of thirty-seven years. The plaintiff, who was fifty-seven years old, had not been employed since 2007 and had devoted her time to raising the parties’ children and maintaining the household. The defendant, employed by the City of Riviera Beach, earned approximately $67,200 per year and was the family’s sole financial provider. In November 2023, both parties appeared pro se before a senior circuit judge for a final hearing. No court reporter was present to create a transcript of the proceedings.

Allegedly, following the hearing, the trial court entered a final judgment that dissolved the marriage and awarded the plaintiff permanent monthly alimony in the amount of $2,000. The judgment also stated that the court would retain jurisdiction to divide the defendant’s pension once sufficient information became available. The judgment included no further findings explaining the basis for the alimony award or detailing the parties’ financial circumstances. Continue reading ›

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When a divorce case goes to final judgment, the outcome has long-lasting effects on child support, health insurance, and financial obligations. Florida appellate courts often review trial court decisions to ensure that all statutory requirements have been met and that the judgment does not impose obligations beyond what the parties requested. A recent decision from a Florida appellate court shows how even small errors in a final judgment can require partial reversal and correction. If you are navigating a divorce in Florida, a Miami family law attorney can help you protect your rights and ensure that all court orders are properly crafted.

Factual and Procedural Setting

It is reported that the husband appealed a final judgment of dissolution of marriage, raising multiple claims of error. While most issues were affirmed, the appellate court identified four errors that required reversal and remand for correction.

Allegedly, the first error concerned the child support guidelines worksheet. Although the judgment generally referenced worksheets, it did not attach or specifically identify the worksheet relied upon. Florida law requires either attachment of the worksheet or a clear reference to it within the judgment. Continue reading ›

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Divorce cases involving businesses, marital homes, and child support often hinge on the sufficiency of financial evidence. Florida trial courts are tasked with weighing competing affidavits, financial statements, and testimony to arrive at equitable outcomes. A recent opinion issued by a Florida court highlights how appellate courts defer to trial courts when the record demonstrates competent, substantial evidence supporting the trial court’s decisions. If you are involved in a Florida divorce proceeding, a Miami family law attorney can help protect your financial interests and ensure that proper valuations are used in your case.

Case Setting

It is reported that the husband petitioned for dissolution of marriage, and the wife filed a counter-petition. Following a contested trial, the trial court entered a final judgment dissolving the marriage and addressing the division of marital property, child support, and related financial matters.

Allegedly, the wife challenged three key determinations in the final judgment. First, he disputed the trial court’s valuation of his business, a food company that both parties agreed was marital property. Second, he argued that the trial court erred in calculating his monthly income for purposes of child support and alimony. Third, he contended that the court improperly valued the marital home at an amount lower than his own assessment. Continue reading ›

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When former spouses return to court over alimony, the battles are often as much about procedure as they are about money. Florida courts frequently stress that trial judges must follow both statutory requirements and jurisdictional rules. A recent case from a Florida court demonstrates how crucial timing is in post-judgment alimony disputes. Even when a trial court attempts to move cases forward, its orders may be undone if they are entered before jurisdiction has returned from the appellate court. If you are seeking or opposing an alimony modification in Florida, a Miami family law attorney can help you navigate the process and protect your rights.

Factual and Procedural Background

It is reported that the former wife appealed a post-judgment order entered on September 12, 2023. That order reduced the former husband’s alimony obligation to $11,500 per month, required the former wife to pay over $400,000 in retroactive alimony, and granted the former husband a setoff that suspended his obligation until the repayment was made.

Allegedly, the case had already gone through earlier appeals. In a prior proceeding, the appellate court reversed an order modifying the former husband’s alimony obligation because the trial court failed to make the detailed findings required by Florida law. The case was remanded for further proceedings, but jurisdiction did not return to the trial court until the appellate mandate issued in February 2023. Continue reading ›

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In Florida divorce proceedings, courts are tasked with making equitable decisions on financial issues, including child support, life insurance to secure that support, and the division of marital liabilities. However, these determinations must be grounded in both statutory requirements and factual findings. A recent Florida decision highlights the importance of careful judicial analysis when imposing child support and related obligations. If you are navigating a divorce involving financial complexities, a Miami family law attorney can ensure your interests are protected throughout the proceedings.

History of the Case

It is reported that the parties were married for nine years and had two minor children before the husband initiated dissolution proceedings. The case proceeded to a three-day final hearing in April 2023, during which the husband represented himself. The trial court entered a final judgment addressing child support, life insurance to secure support, and the classification of a substantial employment-related financial obligation.

Allegedly, the trial court calculated child support based on a 70/30 timesharing split in favor of the wife. It is reported, however, that this allocation did not match the timesharing schedule outlined in the parties’ Parenting Plan, which granted the husband five overnights and the wife nine overnights every two weeks. This schedule more closely resembles a 65/35 division rather than the 70/30 ratio used in the court’s child support calculation. Continue reading ›

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In Florida family law cases, courts possess broad authority to ensure compliance with discovery and support obligations. However, this authority is bounded by due process and the requirement that coercive sanctions, such as daily fines, be imposed only after careful judicial consideration of the contemnor’s ability to pay. A recent opinion issued by a Florida court illustrates the legal safeguards required before a court may impose such coercive measures. If you are facing contempt proceedings or other enforcement actions in a divorce case, a knowledgeable Miami family law attorney can help protect your rights and guide you through the process.

Factual Background and Trial Court Proceedings

It is reported that the trial court entered a non-final order holding the petitioner in civil contempt for failure to comply with multiple prior agreed orders in an ongoing marital dissolution proceeding. The contempt finding stemmed from the petitioner’s alleged failure to file an updated financial affidavit, provide required financial discovery, and pay temporary support to the respondent.

Allegedly, the trial court had previously issued two orders in July 2024. It is reported that the petitioner did not fulfill his obligations under either order, prompting the respondent to pursue contempt sanctions. Continue reading ›

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