Articles Posted in Divorce

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Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying the merger doctrine and procedural rules in family law cases was illustrated in a recent Florida divorce action. If you are involved in a divorce or support enforcement matter, consulting a Miami family law attorney can help protect your rights and ensure compliance with the law.

Facts of the Case and Procedural Setting

It is reported that the husband and wife divorced. The trial court subsequently issued temporary support orders requiring the husband to pay monthly expenses for the wife and their minor child. When the husband failed to comply, the court entered multiple contempt orders and money judgments. After the partial final judgment was entered, the husband moved to vacate the prior support and enforcement orders, arguing they were extinguished by the merger doctrine. The trial court agreed, holding that the temporary support orders merged into the partial final judgment and became unenforceable. The wife then appealed.

The Merger Doctrine in Family Law Cases

On appeal, the wife argued that the trial court erred by applying the merger doctrine to extinguish the temporary support orders and judgments, as the partial final judgment explicitly reserved jurisdiction over support and financial matters. The court agreed with the wife, holding that the merger doctrine did not apply to the unresolved issues of support and enforcement. Continue reading ›

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Under Florida law, courts determining alimony modifications must assess whether substantial changes in circumstances justify altering prior agreements. Courts are required to base their decisions on competent evidence and equity considerations. A recent Florida decision highlights the importance of detailed analysis and evidence when evaluating whether retirement can justify a reduction in alimony obligations. If you are involved in an alimony dispute, consulting a Miami family law attorney can help ensure your interests are protected.

Factual and Procedural Background

It is reported that the husband and the wife were divorced after a 21-year marriage, with the dissolution finalized through a marital settlement agreement (MSA) in 2020. The MSA divided their assets equally and required the husband to pay $7,500 per month as permanent alimony to the wife. At the time of the agreement, both parties were in their late sixties and had substantial retirement assets.

Allegedly, the husband retired in December 2021, selling his business interest for $900,000 and ceasing all employment. His income decreased significantly, with his sole income derived from social security and investments, totaling just over $7,800 monthly. His monthly expenses, however, were $18,682, including the alimony payments. The wife, who had deferred her social security benefits to maximize them, had no income other than the alimony payments and assets totaling approximately $1.8 million. The husband petitioned for a reduction or elimination of alimony based on his retirement and reduced income. The trial court denied the petition, finding that the parties had “contemplated” the husband’s retirement when agreeing to the MSA, and thus, his retirement could not be a basis for modification. The husband then appealed. Continue reading ›

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Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an alimony obligation established in another state cannot be terminated by a Florida court. If you are dealing with complex alimony issues, including enforcement of out-of-state obligations, it is in your best interest to contact a Miami divorce attorney as soon as possible.

History of the Case

It is alleged that the husband and wife divorced in 2004 in Alabama. The court entered a Final Judgment of Divorce that adopted their marital settlement agreement (MSA). The MSA allegedly obligated the husband to pay the wife $1,000 in monthly alimony. Over time, the wife reportedly received payments through the husband’s Social Security benefits, which the Alabama court allowed to offset his alimony obligation.

Reportedly, In 2013, the wife filed a petition in a Florida court to establish the Alabama decree as a Florida order for enforcement purposes. The Florida court reportedly agreed to apply Alabama law, allowing Social Security benefits to count as a credit toward alimony obligations. In 2022, the wife filed motions for contempt and an accounting, arguing that the husband failed to meet his alimony payments. The trial court denied these motions, concluding that the wife’s Social Security benefits exceeded the alimony obligation and terminated both the alimony and life insurance obligations “as a matter of law.” The wife appealed, challenging the court’s interpretation. Continue reading ›

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Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or other things after the children turn eighteen. If they do, they will generally be held to the terms of such agreements, as discussed in a recent Florida child support case in which the parties disagreed over whether a marital settlement agreement obligations both parents to contribute to their child’s college fund. If you have questions about how you can protect your rights and assets in a dissolution proceeding, it is advisable to meet with a skilled Miami divorce lawyer to assess your options.

Case Setting

It is reported that the husband and the wife divorced; as part of their dissolution proceedings, they entered into a marital settlement agreement. According to their marital settlement agreement, both parties were required to contribute $500 per month to a 529 college savings plan for their child, starting after the termination of the wife’s alimony.

Allegedly, after receiving an inheritance, the wife prepaid her share of contributions, leading to an addendum in the marital settlement agreement that absolved her from making further payments. However, the husband contributed less than $500 per month to a Florida Prepaid College Fund instead of the 529 plan. The wife sought to hold him in contempt for failing to meet the agreed contribution amount. The trial court denied her motion, and she appealed.

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In Florida, people who wish to end their marriage must abide by specific procedural rules when filing their petition for dissolution. Additionally, spouses responding to such petitions are bound by procedural rules as well. If a responding party declines to abide by such rules and fails to file an answer, the court may enter a default judgment against them. Further refusal to partake in the litigation process could ultimately result in a waiver of the right to pursue an appeal. This was illustrated in a recent Florida divorce action in which the court found the husband’s failure to comply with procedural obligations or respond to discovery constituted a waiver of his right to present evidence on disputed financial issues. If you want to learn more about how you can protect your interests while ending your marraige, you should talk to  a Miami divorce lawyer.

Factual and Procedural Background

It is alleged that the husband and wife were married, and the wife subsequently filed a petition for dissolution. The husband failed to respond to the petition, and the wife moved for a default judgment. The trial court ultimately granted the wife’s motion and issued a final judgment of dissolution, setting forth, among other things, the party’s financial rights and obligations.

It is reported that in issuing the judgment, the trial court found that the husband had waived his right to present evidence on certain disputed financial issues because he failed to respond to discovery requests, did not file a financial affidavit, and did not move to set aside the default judgment against him. The husband later appealed the trial court’s decision regarding financial matters. Continue reading ›

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It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among the parties. Recently, a Florida court issued an opinion clarifying the classification of assets in divorce actions, in a matter in which it ultimately reversed the trial court’s determination. If you have questions about your rights with regard to equitable distribution, it is smart to speak to a Miami divorce lawyer.

Factual History and Procedural Background

It is reported that the husband and wife were married but filed an action to dissolve their union. The trial court ultimately issued a final judgment, distributing the parties’ community assets. The husband then sought review of the final judgment issued by the trial court. One of the key issues in the appeal concerned the inclusion of one of the husband’s bank CD accounts in the equitable distribution schedule. The husband argued that this account was a nonmarital asset, as he had acquired it ten years before the marriage and maintained sole control over it throughout the marriage. The trial court, however, had classified the account as a marital asset subject to equitable distribution.

Classification of Assets in Divorce Actions

On appeal, the court found that the sole issue raised by the husband that warranted review was the trial court’s classification of the CD account. The court explained that under Florida law, assets acquired by one party before marriage are generally considered nonmarital assets unless there is evidence of enhancement, commingling, or intent to gift the asset to the other spouse during the marriage. Continue reading ›

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In many Florida divorce actions, one party will seek alimony from the other. In determining whether to grant alimony requests, among other things, the courts will evaluate both parties’ income. Additionally, if one party is not employed, the courts may impute income to them. Regardless of whether a court assessment relies on an actual or imputed income, however, it must consider the net, rather than gross, amount, as discussed in a recent Florida case. If you have questions about how you can protect your financial health while dissolving your marriage, it is smart to meet with a Miami divorce lawyer at your earliest convenience.

History of the Case

It is alleged that the husband and the wife were married for 14 years before the wife initiated a divorce action. During the divorce proceedings, both parties presented evidence and testimony, including input from their accountants and a vocational expert who assessed the wife’s employability. The trial court determined that the husband had a monthly net income of $21,000 and the ability to pay alimony, while the wife’s monthly financial needs amounted to $10,319. The court imputed an annual gross income of $60,000 to the wife, noting her lack of effort to seek employment, along with an additional $2,756 in monthly investment income.

It is reported that based on these calculations, the trial court awarded the wife durational alimony of $2,600 per month for seven years. Additionally, the wife requested attorney’s fees, arguing financial need and the husband’s ability to pay. However, the trial court denied this request, citing the wife’s engagement in litigation that was primarily intended to harass, involving non-meritorious and baseless claims. The wife appealed the trial court’s decision. Continue reading ›

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Pursuant to Florida law, with few exceptions, any assets obtained during a marriage are considered marital property, while property obtained prior to the marriage remains separate. Applying this general rule can become complicated in divorce actions in which the parties mingle separate and marital assets. As discussed in a recent Florida divorce action, when marital assets are used to pay for a non-marital asset, any appreciation in the value of the property is a marital asset as well. If you have questions with regard to your rights in a dissolution proceeding, it would benefit you to consult a Miami divorce lawyer at your earliest convenience.

History of the Case

It is alleged that the parties were married in 2005. In 2015, the wife filed for dissolution of the marriage. The husband responded with a counterpetition. The trial court issued a final judgment of dissolution, which was subsequently appealed. In the initial appeal, the court determined that the husband’s Miami property was a non-marital asset and remanded the case to determine if there was any appreciation in its value during the marriage.

Reportedly, upon remand, the trial court found that the Miami property had depreciated during the marriage and concluded that the wife was not entitled to any share of the appreciation. The wife filed a motion for rehearing, which the court denied pursuant to an order agreed upon by the parties. The wife then appealed. Continue reading ›

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In many marriages, one party earns the bulk of the income while the other takes care of the home. If a couple with such an arrangement decides to divorce, the lesser-earning party may be eligible for alimony. Further, if the court errs in determining the amount of alimony owed, they may be able to seek an adjustment, as discussed in a recent Florida case. If you want to learn more about how a divorce may impact your rights, it is prudent to speak with a Miami divorce lawyer as soon as possible.

Factual Setting and Procedural Background

It is alleged that the parties were married in 1986 and had three children who had all reached the age of majority prior to the end of the marriage. The wife filed for divorce in 2015, and the husband filed a counter-petition. During their marriage, the husband was the sole income earner, while the wife was a homemaker.

Reportedly, after a trial in 2019, the court entered a final judgment dissolving the marriage. The appellate court reversed this judgment in 2020, however, because of an error committed by the trial court when it rejected the wife’s request to reopen the case. On remand, additional trial proceedings were held, and a new final judgment was entered in November 2022. The wife then appealed the final judgment. Continue reading ›

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In Florida divorce proceedings, it is not uncommon for parties to enter into a marital settlement agreement that defines their post-dissolution rights and obligations. Such agreements are contracts and are enforceable as such, which means if one party fails to abide by the terms of the agreement, the other party can seek a contempt ruling from the court. Parties can only be held in contempt if the contract provisions clearly allow for such a finding, though, as discussed in a recent Florida case. If you want to pursue a divorce, it is important to understand the implications of your decision, and it is advisable to talk to a Miami divorce lawyer about your options.

History of the Case

It is reported that the husband and wife divorced; as part of their dissolution proceeding, they entered into a marital settlement agreement (MSA). The MSA required the wife to execute a quitclaim deed (Deed 1) conveying her interest in the marital residence to the husband, to be held by her counsel until certain conditions were met. The MSA also stipulated a lump sum alimony payment from the husband to the wife, with a default leading to the release of a second quitclaim deed (Deed 2) conveying the husband’s interest in the marital residence to the former wife.

Allegedly, the wife moved to have the husband and his attorney held in contempt for not delivering Deed 1, alleging that the attorney promised to have the former husband sign both deeds and deliver Deed 1 but failed to do so. At the contempt hearing, it was acknowledged that the wife’s counsel eventually received Deed 1, but the wife sought attorney’s fees and costs for the delay. The trial court found both the husband and his attorney in contempt and ordered them to share the former wife’s attorney’s fees and costs. The attorney appealed. Continue reading ›