Articles Posted in Divorce

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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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courtroomIf you watch enough TV courtroom drama shows, you’ve likely seen it at some point. One of the lawyers will attempt to introduce some piece of evidence, and the other attorney will exclaim, “Objection! Hearsay!” While hearsay objections may be more commonly associated with criminal cases, they also take place in civil matters as well, including family law disputes. In a case recently before the Fourth District Court of Appeal, the hearsay rule and its exceptions were the key issue in deciding whether the wife had proper evidence to support her argument for imputing income to the husband. Since the appeals court decided that the wife’s evidence wasn’t admissible, that meant that the trial court order had to be reversed.

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CalendarIn an alimony case, the law gives trial judges a certain amount of discretion in how they structure an obligor spouse’s alimony payments. Even with this discretion, there are limits. For example, an alimony award should not automatically increase at some future date unless there are specific extenuating circumstances that warrant structuring the alimony obligation in that way. In the case of one Broward County couple, the husband’s alimony obligation, which automatically increased by 140% upon the couple’s child’s graduation from high school, was reversed by the Fourth District Court of Appeal because the trial court in the case listed no extenuating circumstances in its order.

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Money bagWhen you think about alimony, you probably think about a court order that obliges one ex-spouse to pay the other ex-spouse a sum of money every month for a certain period of time (or permanently). The law also, however, allows the courts to hand out lump-sum awards of alimony. As with other alimony awards, the law has specific rules regarding when that type of alimony is appropriate. In one recent Second District Court of Appeal case, a lump-sum alimony award was overturned because the trial judge didn’t make the findings necessary to show that the award complied with the law.

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