Divorce

Florida Supreme Court Clarifies When Prejudgment Interest May Be Awarded in Equitable Distribution Cases

Published on: July 30, 2026 | by Sandy T. Fox

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.

Florida Court Discusses Modifications of Final Judgments in Divorce Actions

Published on: July 23, 2026 | by Sandy T. Fox

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 ›

Florida Court Discusses the Balance of Alimony Awards and Child Support in Divorce Cases

Published on: July 15, 2026 | by Sandy T. Fox

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 ›

Florida Courts Limit the Use of Income Deduction Orders for Attorney’s Fee Collection

Published on: May 28, 2026 | by Sandy T. Fox

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 ›

Florida Court Dicusses Challenges to Final Orders in Divorce Actions

Published on: May 14, 2026 | by Sandy T. Fox

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 ›

Florida Court Discusses Retroactive Child Support and Family Assets in Divorce Case

Published on: May 7, 2026 | by Sandy T. Fox

When parents separate, financial support for children and the division of family property can become some of the most emotionally charged and fiercely contested issues in a divorce. Courts are tasked not only with ensuring that children receive adequate financial support but also with fairly distributing the assets accumulated during a marriage, including items that carry significant sentimental value. A recent Florida decision illustrates how errors in addressing retroactive child support and marital property can require reversal and further proceedings, even after a final judgment has been entered. If you are involved in a divorce or custody dispute and have questions about child support, equitable distribution, or your parental rights, you should speak with a Miami family law attorney as soon as possible to protect your interests.

Case Setting

Allegedly, the parties were married in 2011 and shared one minor child. The husband filed a petition for dissolution of marriage, and the wife responded with a counterpetition seeking related relief.

It is alleged that the parties separated and that the minor child primarily resided with the wife throughout most of the separation period. During the litigation, the wife sought retroactive child support and presented evidence concerning the child’s needs and the husband’s financial circumstances. Continue reading ›

Court Discusses Findings in Florida Divorce Cases

Published on: April 20, 2026 | by Sandy T. Fox

In a divorce case, the outcome is only as strong as the reasoning behind it. When a court distributes property or decides support without clearly explaining its analysis, the entire judgment becomes vulnerable to reversal. A recent Florida case highlights how even a finalized divorce judgment can unravel when required statutory findings are missing, serving as a reminder that clarity and precision are not optional in family law rulings. If you are going through a divorce in South Florida, you should consult a Miami family law attorney to ensure that your financial rights are fully protected and properly addressed.

History of the Case

Allegedly, the parties’ marriage was dissolved by a final judgment that addressed equitable distribution and alimony. The trial court entered an amended final judgment that included an unequal distribution of marital assets but did not provide the specific findings required by statute to support that decision.

Reportedly, the husband challenged the judgment on appeal, asserting that the trial court failed to consider and document the statutory factors necessary to justify both the distribution and the alimony determination. Continue reading ›

Florida Court Explains Grounds for Awarding Nominal Alimony

Published on: April 14, 2026 | by Sandy T. Fox

Alimony decisions often turn on more than what a party can afford at the time of trial. Courts must also consider how financial circumstances may change in the future and whether those changes warrant preserving the ability to revisit support. A recent Florida ruling highlights the importance of nominal alimony, a mechanism that allows courts to retain jurisdiction when a paying party’s current inability to pay is likely to improve. If you are dealing with alimony issues in South Florida, you should speak with a Miami family law attorney to ensure your rights are fully protected both now and in the future.

History of the Case

Allegedly, the parties were married for a significant period, and the central issue at trial was whether alimony should be awarded following the dissolution of the marriage.

It is alleged that the parties agreed that the wife had a financial need for support, while the husband contested the ability to pay based on claimed income limitations and ongoing financial obligations. Continue reading ›

Florida Court Discusses Jurisdiction in Family Law Cases

Published on: April 7, 2026 | by Sandy T. Fox

You cannot win a case if the court never had the authority to hear it in the first place. Jurisdiction is the foundation of every legal action, and when it is missing, even otherwise valid claims can be dismissed before they are ever considered on the merits. A recent Florida opinion demonstrates how strict residency requirements can prevent a Florida court from addressing disputes involving marital property, particularly when international elements are involved. If your family law matter involves property, parties, or proceedings outside Florida, you should speak with a Miami family law attorney to ensure your case is properly positioned from the outset.

Facts and Procedural History

Allegedly, the parties were divorced in a foreign country, but the divorce decree did not address certain real property located in Florida. The wife subsequently filed an action in Florida seeking equitable distribution of that property, attempting to resolve the outstanding issue of ownership through the Florida court system.

Reportedly, the wife acknowledged in the pleadings that neither party was a permanent resident of Florida and that both individuals remained citizens of a foreign country. The pleadings did not assert that either party satisfied Florida’s statutory residency requirement. Continue reading ›

Florida Court Discusses Attorneys’ Fees in Divorce Cases

Published on: March 7, 2026 | by Sandy T. Fox

Attorneys’ fee awards in family law cases often play a significant role in ensuring fairness between parties with differing financial resources. However, courts must carefully follow established legal standards when determining the appropriate amount of fees to award. A recent Florida decision illustrates how trial courts must apply the lodestar method and make detailed findings to support any reduction in requested fees. If you are contemplating a divorce, you should consult a Miami divorce attorney to discuss how you can protect your financial interests.

Facts and Procedural History

Allegedly, the trial court entered a final judgment of dissolution of marriage that reserved jurisdiction to determine the claim for attorneys’ fees and costs. Nearly two years later, the wife submitted a detailed affidavit requesting approximately $73,000 in fees for legal services rendered during the litigation.

It is alleged that the husband opposed the request, arguing that he was not in a superior financial position and should not be required to contribute to the wife’s fees. The trial court conducted an evidentiary hearing, admitted the fee affidavit into evidence without objection, and determined that the wife needed fees and that counsel’s hourly rate was reasonable.