Articles Posted in Divorce

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signatureThe law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony claims but permitted the wife to receive a “salary” for two years after a divorce. According to a recent Fourth District Court of Appeal ruling, that agreement was valid and meant that the courts could not order an award of alimony and couldn’t use contempt powers if the husband didn’t pay the salary.

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calendarA well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a couple of Ecuadorean citizens, who lived most of their married life in that country, provides a prime example of this concept.

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shell gameAn ex-wife secured an important victory in the Fourth District Court of Appeal, with that court ruling that she could pursue the ex-husband’s insurance assets and homestead property if she could establish that the ex-husband engaged in fraud. The ruling was a significant one in that it rejected the notion that “homestead property and insurance policies are always exempt from the contempt powers of the court regardless of fraud.”

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cash in handIn divorce cases in which issues related to minor children do not play a role, the biggest issue facing many spouses is that of the division of assets. For many of those couples, the largest single asset with which they must deal is the marital home. Frequently, one spouse will receive the marital home, but that distribution will require the recipient spouse to make a cash payment (or payments) to the other spouse in order to achieve a truly equitable distribution. In a recent case involving a Palm Beach County couple, the Fourth District Court of Appeal ruled on what the law demands in terms of signing a deed on the house, the submission of an equalizing payment, and the timing of each.

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Bank statementIn a divorce case in which equitable distribution is an issue, there are many details that can substantially alter the result in your case. For example, the decision regarding which date to use for assessing the value of an asset can make thousands of dollars of difference, as was demonstrated in a recent First District Court of Appeal case. In that dispute, the First DCA ruled that a husband shouldn’t be punished in the equitable distribution process for depleting thousands of dollars of assets by paying for his living expenses and the expenses associated with the marital home.

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gay coupleMarriage equality for same-sex couples has existed in Florida for two years, ever since the U.S. Supreme Court’s Obergefell v. Hodges decision. The first state to recognize same-sex marriage was Massachusetts, and it did so just over a decade ago. Same-sex couples in committed relationships have existed for much longer than either of those dates, of course. Sometimes, these couples entered into agreements related to providing financial support for each other. In a recent case originating in Broward County, the courts were asked to decide whether or not two men in a decades-long relationship had also created an “oral cohabitation agreement” and, if so, if that agreement entitled one man to a large award of damages.

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handshakeDivorces can often be stressful times for the spouses involved. The pain and stress, in some circumstances, may motivate some divorcing spouses to try to achieve as swift a resolution to the case as possible. While that can be an understandable motivation, it is important not to agree to just any marital settlement agreement simply to resolve your dispute. As a recent Palm Beach County case demonstrates, the terms of your marital settlement agreement can have long-lasting effects for you, even years after your divorce has been finalized.

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frustrated writerSometimes, there can be varying degrees of success in a court case. In certain situations, you may win a ruling that gives you your “day in court,” but that may not necessarily mean that the path you took to get to that point was the best one. In a recent South Florida case, the Third District Court of Appeal ruled that a wife should be allowed to pursue her alimony claim. Although she won that case, the procedurally flawed filing she submitted to the trial court as a pro se litigant likely played a role in causing the case to take a longer and more complicated path than it probably should have.

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gavel and booksA pair of errors by a trial court allowed a husband to win his appeal before the Second District Court of Appeal recently. The lower court’s failure to include in its equitable distribution a loan taken out for the purpose of funding the couple’s child’s education was erroneous, as was basing the husband’s obligation on his gross, rather than net, income.

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CalendarWhen going through a divorce, some people desire to resolve the case as quickly as possible. Sometimes, though, it may be necessary, in order to obtain a truly fair and just outcome, to ask the court to put off ruling in your case. One recent case from southwestern Florida highlights a set of circumstances in which a wife needed additional time to obtain evidence about her husband’s business, and the denial of her continuance request created an injustice for her that required the Second District Court of Appeal to reverse the ruling.

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