Articles Posted in Divorce

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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 ›

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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 ›

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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 ›

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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 ›

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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.

Continue reading ›

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Financial rulings in divorce cases can reshape a party’s economic future long after the marriage ends, making precision and adherence to statutory standards essential. Disputes over equitable distribution, alimony, and child support often reveal how small legal missteps can lead to disproportionately large consequences. In a recent Florida decision, the court scrutinized a dissolution judgment that relied on improper classification dates and awarded financial relief inconsistent with the marital standard of living, ultimately requiring substantial portions of the judgment to be undone. If you are navigating a divorce involving significant financial issues or questioning whether a court’s ruling was legally sound, you should consult with a Miami family law attorney who can help you understand your rights and options before those errors become permanent.

Case Setting

Allegedly, the husband and wife were married for many years and enjoyed an upper-middle-class lifestyle, including living in large homes, traveling frequently, and maintaining financial stability. Over time, the marital relationship deteriorated, and the parties began living separate lives before filing any dissolution action.

It is alleged that after the separation, the parties filed a petition for dissolution of marriage in Pinellas County. The trial court ultimately entered a final judgment dissolving the marriage and addressing equitable distribution, permanent periodic alimony, and retroactive child support. In its findings, the court focused heavily on the date it believed the marital relationship effectively ended, rather than the statutory classification date tied to the filing of the petition.

Continue reading ›

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Child support disputes often extend beyond the question of how much support is owed going forward and look back to periods when one parent provided primary care without a formal support order in place. Florida courts have discretion in awarding retroactive child support, but that discretion narrows significantly when parties enter clear and enforceable agreed orders governing how support issues will be resolved. A recent opinion from a Florida court illustrates how trial courts must honor those agreements and reinforces that child support is a right belonging to the child, not a bargaining chip between parents. If you are litigating child support issues in Palm Beach County or elsewhere in South Florida, consulting with a Miami family law attorney can help ensure that court orders and stipulations are enforced as written. 

Factual and Procedural History

Allegedly, the plaintiff entered the marriage with substantial premarital wealth, and the parties executed a prenuptial agreement before marrying. During the marriage, the parties had two children, and the agreement did not purport to limit or waive child support obligations.

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Property disputes between former spouses often surface years after a divorce, especially when jointly owned real estate remains unsold and one party shoulders the financial burden alone. A recent decision from a Florida court highlights how courts address reimbursement claims in partition actions when a marital settlement agreement addresses some expenses but remains silent on others. The ruling clarifies the continuing obligations of tenants in common and reinforces the long-standing principles of Florida property law. If you are facing a dispute over jointly owned property after divorce, speaking with a Miami real estate litigation attorney can help you understand your rights and avoid costly missteps as your case develops.

Facts and Procedural History

Allegedly, the plaintiff and defendant purchased a residence during their marriage, taking title subject to a mortgage. Following the dissolution of their marriage, the final judgment incorporated a marital settlement agreement drafted by the parties without counsel. The agreement stated that any gains from the eventual sale of the property would be divided, with the plaintiff receiving a larger percentage. The agreement also required the plaintiff to pay the mortgage and prohibited her from asking the defendant to contribute toward it.

It is alleged that after the divorce, the plaintiff attempted to sell the property but abandoned the effort due to unfavorable market conditions, leaving the mortgage balance exceeding the home’s value. Instead, the plaintiff retained possession and rented the property to third parties at various times over many years. During that period, the plaintiff paid all expenses associated with the property, including taxes, insurance, and maintenance, while the defendant made no financial contributions and received no rental income. Continue reading ›

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Florida’s sweeping alimony reform continues to influence dissolution proceedings in significant and sometimes unexpected ways. One recent Florida decision demonstrates how the timing of legislative amendments can reshape the outcome of a long-term marriage’s financial resolution, even after the parties have completed a final hearing. If you or your spouse intends to end your marriage and you want clear guidance on how to protect your financial interests, you should speak with a Miami family law attorney as soon as possible.

Facts and Procedural History

Allegedly, the wife filed a petition in 2020 to dissolve the couple’s almost 20-year marriage. She sought permanent alimony. Both parties consented to a referral to a general magistrate, who conducted a hearing beginning in March 2023. The hearing concluded in late May 2023, but the magistrate did not issue any oral findings. The petition remained unresolved while the magistrate prepared a recommended order.

It is alleged that the magistrate issued a recommended order in August 2023 advising the circuit court to award permanent alimony to the wife. Before the circuit court adopted the recommendation, the husband moved to vacate the order, asserting that the 2023 amendments to section 61.08 eliminated permanent alimony in all dissolution petitions pending on July 1, 2023. The husband contended that because no final judgment had been entered before that date, the petition remained pending and the amended law applied. Continue reading ›

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In family law, property division often presents complex issues when unmarried parents or former partners jointly own real estate. When co-owners cannot agree on the sale or disposition of property, Florida law allows one party to seek partition through the courts. However, even when parties reach an agreement to sell the property privately, that arrangement must still comply with statutory requirements and judicial oversight. A recent decision from a Florida court demonstrates that when a trial court approves a private sale in a partition action, the final judgment must include a fixed and reasonable time frame for completion of the sale, subject to court approval. If the property is not sold within that time, the court must order a judicial sale in accordance with chapter 64 of the Florida Statutes. If you are involved in a dispute over jointly owned property, a Miami family law attorney can help ensure that your rights are protected during the partition process.

Factual and Procedural Background

It is reported that the plaintiff filed a paternity action that also involved issues of timesharing and jointly owned property. The defendant counterclaimed for partition of the real property that both parties owned together. The trial court conducted proceedings addressing both the parenting and property issues. Following those proceedings, the trial court entered a final judgment that established the parties’ timesharing arrangement and ordered partition of their jointly held property.

Allegedly, the trial court approved a plan for the parties to sell the property privately, rather than through a judicial sale. The record reflects that both parties voluntarily agreed to attempt a private sale and sought to avoid the costs and procedural requirements associated with a court-supervised sale. The judgment, however, did not include a specific time limit for the sale or provide for court involvement if the sale failed to occur within a reasonable period. Continue reading ›

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