Articles Posted in Divorce

Published on: | by

A divorce dispute over the family home can continue long after entry of the final judgment. When a court orders a sale and later holds a spouse in contempt for interfering, the validity of the underlying sale requirement matters. A recent Florida decision reversed a contempt order after the appellate court had overturned the portion of the divorce judgment requiring the home’s sale. If you face enforcement proceedings involving marital property, a Miami family law attorney can evaluate how the judgment and any appeal affect the dispute.

Case Setting

Allegedly, the final dissolution judgment required the parties to sell the marital home when the lease expired and prohibited them from living there. The husband appealed that judgment. While the appeal remained pending, the wife sought contempt and enforcement.

The trial court found the husband in civil contempt for living in the home and interfering with the sale. It appointed a real estate attorney as an agent/ad litem to act in his place in selling the property and made him responsible for that representative’s fees. The court also reserved jurisdiction to determine attorney’s fees and costs. The husband separately appealed the contempt order. Continue reading ›

Published on: | by

An agreement making alimony nonmodifiable does not necessarily limit collection to the rules governing ordinary debts. Once a divorce judgment incorporates the agreement and orders compliance, unpaid support may remain enforceable through that judgment. A recent Florida decision upheld withholding of 65% of the former husband’s Social Security payments to collect alimony arrears. The court rejected his argument that the obligation was merely contractual and subject to a 25% garnishment ceiling. If you are seeking overdue support or challenging an income withholding order, a Miami alimony attorney can review the agreement, judgment, and applicable collection rules.

History of the Case

It is reported that the parties’ 2003 dissolution judgment approved and incorporated their marital settlement agreement without merging it into the judgment. It expressly ordered compliance with the agreement and reserved jurisdiction to enter further orders. The agreement established declining monthly alimony payments that would end when the former husband turned 65 and stated that the obligation could not be modified.

Allegedly, the Social Security Administration later determined that the former husband was disabled. In 2017, the former wife obtained a $240,000 judgment for alimony arrears. In 2020, the court entered an income withholding order directing garnishment of 65 percent of his disposable earnings from Social Security disability payments Continue reading ›

Published on: | by

Family court orders can overlap when a divorce case and a dependency case involve the same children. Even a valid time-sharing plan may not be enforceable while a dependency court’s no-contact order remains in place. A recent Florida decision affirmed denial of a parent’s requests for enforcement and reunification, although the trial court gave the wrong procedural reason. Parents navigating orders from different courts can consult a Miami child custody attorney to determine where to file and what conditions must be met before contact resumes.

Facts and History of the Case

Reportedly, the parties’ dissolution judgment included a time-sharing plan. A separate dependency case produced a no-contact order affecting one parent’s contact with the children. The parent filed motions in the divorce case to enforce the judgment’s plan and reunify contact by modifying the no-contact order. She also had a supplemental petition to modify time-sharing pending in the dissolution action.

Allegedly, the trial court denied the enforcement and reunification motions because it believed the parent needed to proceed by petition rather than motion. The parent appealed. The court reviewed the record and agreed that the filing label was not the proper basis for denial. The no-contact order was not a final judgment, and the parent had already filed the supplemental petition needed to modify the final time-sharing judgment. The court nevertheless examined whether it could grant the requested relief for other reasons supported by the record. Continue reading ›

Published on: | by

A home may count as a marital asset for divorce purposes even when the deed names only one spouse. That classification affects equitable distribution, but it does not necessarily make both former spouses owners of record. In a recent Florida decision, the court reversed a partition judgment that treated a marital-property label as proof of joint title. If you are resolving ownership of a home after divorce, you should consider both the judgment and the deed. A Miami equitable distribution attorney can help examine how each document affects the parties’ rights.

Facts and Procedural History

Reportedly, one spouse purchased a home around the time of the 2006 marriage. The deed and mortgage named only that spouse, and the other spouse was never added to title. The parties later divorced. Their 2023 dissolution judgment classified the house as marital property, awarded sole possession to the titled spouse, and assigned that spouse sole responsibility for the mortgage. It did not direct a transfer of ownership or order an equalizing payment.

Allegedly, about six weeks after the divorce judgment, the other former spouse filed a separate partition action. She argued that the marital-property classification meant the parties jointly owned the house and that she could require its sale. The titled spouse opposed partition because she held no interest on the deed. The trial court concluded that the parties owned the property as tenants in common, ordered it sold, and directed an equal division of proceeds without credit for the titled spouse’s mortgage obligation. He appealed that partition judgment. Continue reading ›

Published on: | by

A mortgage payment can look routine during a marriage, yet become a six-figure issue when the marriage ends. When marital money reduces debt on one spouse’s nonmarital property, the resulting value can become a marital asset subject to equitable distribution. A recent Florida decision shows why a court must account for the entire principal reduction when an appellate mandate requires it. It also confirms that interest on an equalizing payment may depend on the equities after recalculation. If you are faced with disputes over property, marital funds, or equalizing payments, you should consult an experienced Miami divorce attorney as soon as possible to discuss how to protect your interests.

Case Setting 

Allegedly, during the marriage, the spouses used marital funds to reduce the note and mortgage on real property that remained a nonmarital asset of one spouse. The principal reduction totaled $355,674. In the original dissolution judgment, the trial court did not include that marital mortgage paydown within the equitable distribution scheme, prompting the former wife to appeal.

Continue reading ›

Published on: | by

The financial consequences of divorce do not end when a marriage is dissolved. In many cases, months or even years pass before marital assets are finally distributed, leaving one spouse without the benefit of property to which they may ultimately be entitled. When that happens, an important question arises: should the spouse who was deprived of those assets be compensated for the delay? In a significant decision, the Florida Supreme Court answered that question by holding that trial courts have the discretion to award prejudgment interest as part of an equitable distribution award when doing so is necessary to achieve a fair result.

If you are facing a divorce involving substantial assets or contested property division, an experienced Miami family law attorney can help protect your financial future from the very beginning. Notably, Sandy T. Fox, P.A., represented the husband before the Florida Supreme Court in this landmark case, giving the firm firsthand experience with the legal principles that now govern equitable distribution disputes throughout Florida.

Facts and Procedural History

Allegedly, the parties’ marriage was dissolved after one spouse filed a petition for dissolution. Although the court entered a judgment dissolving the marriage relatively early in the litigation, it reserved jurisdiction to decide disputed issues involving equitable distribution, alimony, attorney’s fees, and costs. The financial issues remained pending for several years before the trial court entered a supplemental judgment resolving the distribution of the marital estate.

Continue reading ›

Published on: | by

Divorce orders are meant to bring certainty to the parties’ financial obligations, but disputes often continue after a final judgment is entered. Problems can arise when a final judgment fails to accurately reflect the parties’ agreement or when one spouse decides to disregard the court’s order by unilaterally reducing support payments. Florida law provides important protections in these situations to ensure that negotiated agreements are properly incorporated into final judgments and that support obligations are enforced according to the law, not one party’s personal interpretation of what is fair. A recent Florida decision highlights these principles and reinforces that parties must follow court orders unless and until they are modified through the proper legal process. If you are involved in a divorce or post-judgment dispute, an experienced Miami family law attorney can help protect your financial rights and ensure that court orders are properly enforced.

Case Setting

Allegedly, the parties finalized the dissolution of their marriage after reaching agreements concerning several financial issues, including alimony. During the proceedings, the parties agreed to the duration of the alimony obligation. At the same time, another issue involving life insurance remained unresolved and was expected to be addressed at a later hearing.

It is alleged that when the trial court entered the final judgment, the order failed to include the agreed duration of the alimony award. Instead, the judgment omitted that essential term and also resolved the outstanding life insurance issue without conducting the additional hearing that had previously been contemplated. Continue reading ›

by
Posted in: Divorce
Published on:
Updated:

Published on: | by

Determining an appropriate financial outcome in a divorce requires more than simply dividing marital assets. Courts must also evaluate whether one spouse has a genuine need for support, whether the other spouse can pay, and how any alimony award will affect child support calculations. Because these issues are closely connected, an error in one part of the financial analysis can require additional proceedings even when much of the trial court’s judgment is otherwise correct. A recent Florida ruling demonstrates the broad discretion trial courts possess when fashioning equitable alimony awards while emphasizing the importance of accurately calculating child support. If you are facing a divorce involving significant assets, alimony, or child support issues, an experienced Miami family law attorney can help protect your financial future throughout the process.

History of the Case

Allegedly, the parties ended a marriage that had lasted more than 26 years and shared one minor child. Throughout much of the marriage, the former husband pursued a successful professional career that substantially increased his earnings. In contrast, the former wife worked part-time for several years after the parties’ child was born before eventually returning to full-time employment. During the marriage, the parties accumulated assets worth more than five million dollars.

It is alleged that following the parties’ separation, disputes arose regarding alimony, child support, and parental decision-making authority. After trial, the court awarded the former wife lump sum durational alimony, ordered child support, and granted the former wife ultimate decision-making authority for the parties’ child. Continue reading ›

Published on: | by

Financial disputes often continue long after a divorce judgment is entered. Questions frequently arise regarding enforcement mechanisms available to collect unpaid obligations, particularly when attorney’s fees are involved. A recent Florida decision highlights important limits on the use of income deduction orders in post-divorce litigation and clarifies when such orders may be used to collect attorney’s fee awards. If you are involved in a dispute concerning support enforcement or post-judgment family law issues, it is advisable to speak with a Miami family law attorney to understand your rights and available remedies.

Facts and Procedural History

Allegedly, the former spouses had been involved in extensive post-judgment litigation following the dissolution of their marriage, including prior appellate proceedings concerning the underlying final judgment.

It is alleged that the trial court entered multiple post-judgment orders that awarded attorney’s fees to the former husband, adjudicated the former wife in contempt, restricted certain discovery efforts, and issued income deduction orders designed to secure payment of the attorney’s fee awards. Continue reading ›

Published on: | by

Divorce litigation often involves complicated financial issues that require trial courts to carefully identify assets, liabilities, support obligations, and attorney’s fee awards. When required findings are missing or property is improperly classified, even an otherwise thorough final judgment may not withstand appellate review. A recent Florida opinion demonstrates how failures to make sufficient factual findings can affect nearly every aspect of a dissolution proceeding and highlights the importance of preserving such errors for appeal. If you are involved in a high-asset divorce or complex financial dispute, you should speak with a Miami family law attorney to ensure your rights are protected at every stage of the litigation process.

Case History

Allegedly, the parties were involved in a contested dissolution of marriage proceeding that required the trial court to address numerous financial issues, including equitable distribution, temporary support obligations, valuation of a law practice, attorney’s fees, and the characterization of certain investment accounts.

It is alleged that after trial, the court entered a final judgment resolving the parties’ disputes. The judgment valued the husband’s law practice, addressed temporary support arrearages, distributed certain assets and liabilities, awarded attorney’s fees to the wife, and treated a brokerage account that predated the marriage as a marital asset. Continue reading ›

Contact Information
19790 W Dixie Hwy #412
Miami, FL 33180
Toll Free: 800.596.0579Phone: 305.932.6542Fax: 305.932.6453

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Sandy T. Fox, P.A.
JUSTIA Law Firm Blog Design