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A study recently published by researchers at Bowling Green State University’s National Center for Family and Marriage Research found that an increasing number of adults in the Baby Boomer generation are choosing to cohabit instead of marry. Currently, approximately one-third of Baby Boomers, Americans born between 1946 and 1964, are unmarried. In 1980, only about 20 percent of people in the United States who were in the same age group the Boomers are currently in were unmarried.

According to Transitions Into and Out of Cohabitation in Later Life, the percentage of Americans over the age of 50 who have opted to cohabit with a partner has more than doubled since 2000. In 2010, an estimated 2.75 million people aged 50 and older lived with an unmarried partner. In contrast, researchers found only about 1.2 million single Americans over age 50 opted to cohabit ten years earlier.

According to the study’s lead author, Susan Brown, most Baby Boomers who choose to cohabit are likely to remain unmarried, but unlikely to end their relationship. Brown believes cohabiting has become an increasingly acceptable long-term alternative to marriage for many Americans. In fact, the research study found that single Boomers are just as likely to cohabit as to get married. For older people, cohabiting is reportedly not used as a stepping stone to marriage as it often is with younger generations. Instead, researchers found that death was more likely to end cohabiting for Baby Boomers than marriage or termination of the relationship.

Brown said she and other researchers sought to understand the patterns that lead many Baby Boomers to cohabit instead of marry. Study authors used population surveys as well as data from a 1998 to 2006 health and retirement study to track more than 4,000 unmarried heterosexual Americans between the ages of 51 and 75. Brown stated many Baby Boomers appear to simply lack an incentive to marry. For Boomers, societal and family pressures to marry have reportedly decreased at the same time financial disincentives to marriage have increased. For example, those who have lost a spouse may not want to marry and give up access to their deceased spouse’s Social Security benefits. Additionally, many are reportedly concerned with the financial implications of a possible divorce.

Although the State of Florida no longer recognizes common law marriage, cohabiting can still have a host of legal implications for a couple. In order to protect their financial and other interests, many couples who cohabit in Florida choose to enter into a cohabitation agreement. Having competent legal counsel for marital and family law matters can have a dramatic effect on your quality of life and your future. If you have cohabitation agreement or other family law questions, you need an experienced marital law attorney.
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Florida’s Third District Court of Appeal has reversed a lower court’s order to reduce a former wife’s alimony award and deny her attorney’s fees based upon her financial support of a man who resides with her. In this case, the Circuit Court for Monroe County granted the man’s petition to reduce his alimony payments to his former wife after the court determined that she had entered into a “supportive relationship” with another man as defined by Florida Statute Section 61.14(1)(b). The statute allows for a court to decrease or eliminate an alimony award where a former spouse resides with someone who provides them with some level of support. Despite that the couple were married for more than 25 years and the lower court found that the wife received no financial support from her cohabitant, the lower court reduced her alimony award from a monthly payment of $4,200 to $3,500.

First, the Third District analyzed the statute at issue in the case. The court stated that although the statute failed to define a “supportive relationship,” it listed 11 factors to be considered by a court when determining whether such a relationship exists. According to the appellate court, nine of those factors are economic in nature. The court also found that the Florida Legislature clearly chose to focus on the economic impact of cohabitation rather than the act of residing with a new partner when it established Section 61.14(1)(b).

Next, the Third District looked to the holding of Florida’s First District Court of Appeal in Overton v. Overton. There, the appellate court found the type of relationship described in the statute “takes the financial place of a marriage and necessarily decreases the need of the obligee.” Additionally, the Third District looked to the Fourth District’s holding in Linstroth v. Dorgan which stated a “supportive relationship” as contemplated in the statute is “a relationship that provides the economic support equivalent to a marriage.”

According to the Third District, the question at issue in the case was whether a “supportive relationship” could exist when a court also determined an alimony recipient did not receive financial support from the individual with whom she was residing. The appellate court said although the wife was providing financial support to her cohabitant, her relationship did not qualify as supportive under the statute because her economic needs were not reduced by her living arrangement. Finally, Florida’s Third District Court of Appeal held that a supportive relationship could not exist where no financial support was received by an alimony recipient. The Third District reversed the lower court’s order to reduce the wife’s monthly alimony award and reversed the lower court’s denial of her reasonable attorney’s fees.

In the State of Florida, a court may award alimony where there is a need on the part of the alimony recipient and an ability to pay on the part of the alimony payor. A needs assessment is normally performed to examine the distribution of marital assets as well as the former couple’s standard of living prior to the end of their marriage. Although many factors are examined when making an award of spousal support, a Florida court generally will not award alimony if the potential recipient has the ability to maintain the same standard of living after all assets are distributed.
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For many Florida residents, going through a divorce can be as painful as losing a loved one through death. In addition to affecting your personal life, divorce can also have a dramatic impact on your career. Business owners may find themselves locked out or faced with starting over amid divorce proceedings. The added stress of ending a marriage can make concentrating at work difficult and place potential promotions at risk. Additionally, many people are embarrassed to learn that an employer may be subpoenaed for financial and other information relevant to dissolution proceedings.

Many so-called grey divorcees often find themselves in the precarious position of attempting to support themselves after a prolonged absence from the work force. Even where financial matters do not weigh heavily on the mind of the newly single, it can be difficult for some to establish an identity that is separate from the marriage and family.

Sometimes, however, the end of a marriage can be beneficial to your career. According to family mediator Elinor Robin, some Florida residents see increased success at work following a divorce. She stated some people find it easier to focus on work once their marriage is no longer a priority. Additionally, career risks and big decisions may be easier to make as choices fall solely to the individual after a divorce.

Still, a divorce can have a profound impact on the job prospects of the parents of minor children. Some Florida parents find themselves declining lucrative promotions or other positions in order to remain in the state or nearer to their children. Under Florida law, parents who share custody of their children may not move them more than 50 miles away from their residence without permission. Often, that approval can be extremely difficult to obtain.

Every year, many Florida residents find themselves in the midst of a divorce. Understandably, the range of emotions that are often associated with the end of a marriage can be overwhelming. Sadly, the financial damage a divorce can have on a couple can potentially make a bad situation even worse. If you are considering divorce, you need a capable family law attorney to help you protect your interests and your financial future.
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For most people, going through a divorce is understandably stressful. Ending your marriage can impact many facets of your life. One often overlooked area is insurance. Health, life, and automobile insurance policies must be updated or changed in order to reflect your newly divorced status. This can mean higher premiums or become a source of contention between you and your former spouse. Fortunately, a capable divorce lawyer can help you negotiate such matters during the divorce settlement process.

Making changes to you health insurance policy while in the midst of a divorce could potentially leave you overinsured, underinsured, or even uninsured. Although it is tempting to remain silent and stay on a former spouse’s health insurance policy, this could result in being dropped later as a result of fraud. Following a divorce, most former spouses are eligible to obtain temporary COBRA coverage at full cost. Additionally, a divorcing couple must determine who will maintain and pay for the health insurance needs of any children who issued from the marriage. Whether the cost is shared equally, rotated, or simply incurred by one spouse must be negotiated as part of the divorce.

Much like health insurance, divorcing can have a dramatic impact on any life insurance policies a couple may own. Following a divorce, an ex-spouse must be released to make any beneficiary or other changes he or she deems necessary. Some parents feel additional life insurance is necessary following a divorce in order to fully provide for their minor children. Additionally, because insurance coverage may play a role in the divorce settlement process, a family court judge may order a former spouse to maintain a life insurance policy for the benefit of an ex in order to offset the potential for lost alimony payments.

Although it may sound obvious, it is vital to ensure that all life insurance policy payments are made in a timely fashion. When updating your life insurance policy after dissolution, you should also ensure that any workplace life insurance policies, retirement benefits, and advance healthcare directives reflect your current wishes.

Another frequently overlooked insurance policy during a divorce is automobile insurance. Once the two are no longer living under the same roof, a divorcing couple will need to ensure they have separate car insurance policies. This can result in higher premiums and added expense. If the cost of maintaining your automobile policy will be a burden, you should ask for additional alimony payments in order to offset the added cost. Also, it is a good idea for a divorcing spouse to obtain their own car insurance policy as soon as possible in order to ensure they are not unexpectedly removed from a joint policy without warning.
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As a result of tough financial times, married couples seeking a divorce in Florida are increasingly filing for dissolution of their marriages without the assistance of an attorney. In fact, more than half of divorces filed in both Sarasota and Manatee counties within the past five years involved at least one pro se spouse. An individual who acts as his or her own attorney in court is normally referred to as a pro se litigant. Depressed housing values, fewer assets, and the perceived cost of legal fees may all play a role in the trend.

In the past, home equity was a big source of contention in may Florida divorces. When the housing bubble burst, many divorcing couples turned to online or other do-it-yourself divorce forms. As a result, too many pro se divorcees do not fully understand their legal rights, and unfortunately end up making unwise compromises with regard to financial support, child visitation, and other aspects of family law. Not surprisingly, the divorce process can be a dangerous road to travel alone.

For many divorcing spouses, going before a judge without the assistance of an experienced legal advocate is a mistake. First, the economic downturn has resulted in budget cuts that can affect those who choose to represent themselves in a Florida family court. For example, most Legal Aid and low-cost mediation services throughout the state have lost funding. This results in dramatically increased wait times before a pro se litigant may obtain an appointment. Consequently, many would-be divorcees attend library workshops where a volunteer explains what specific legal terms mean and how to fill out a pro se divorce petition. However, such volunteers may not provide important legal advice. Additionally, Florida family court case managers are often stretched thin and public law libraries are often underfunded. As thousands of legal novices try acting as their own attorneys, Florida family law courts have reportedly become increasingly bogged down.

If you are considering ending your marriage, it is important to remember that Florida is a no-fault divorce state. This means neither partner needs to be held responsible for the end of a marriage. Although most family law matters can be resolved outside of court through a negotiated settlement, you still need a dedicated advocate on your side to represent your interests.

No matter the situation, couples who seek to end their marriage may negotiate a postnuptial agreement like a marital settlement agreement prior to filing a petition for dissolution. A postnuptial agreement can save divorcing couples both time and hassle because it will normally address the disposition of assets, pets, and any agreed upon spousal support obligations. If you are considering divorce, you should contact a hardworking family law attorney early on in the process to help you protect your rights and your financial future.
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In Florida and other states, divorce expos are offering assistance to people struggling with issues related to the end of their marriages. Workshops on money management, single parenting, and other topics seek to assist expo attendees with life after saying goodbye to a spouse. Additionally, divorce expos are designed to connect the recently divorced or separated with community and other resources that may help ease the often difficult and emotional process.

According to one recent divorce expo attendee, Katie Kanney, attending events geared towards the newly divorced is helpful because friends and family are not always privy to the entire story following a split. Kanney stated she has spent almost one year dealing with the physical and emotional aftermath of ending her 15-year marriage. Although Kanney has reportedly dealt with many aspects of her divorce, she is still struggling with hurt feelings and other emotions.

According to expo organizers, divorce is a complex matter with a host of issues that many people simply do not consider until they are engaged in the process. Such issues include not only decreased self-esteem, but also re-entry into the workforce, dealing with a smaller budget, and co-parenting challenges. Events such as a divorce expo are reportedly held to spotlight many of those issues. Vendors including divorce coaches, financial planners, and counselors also reportedly offer their services at such events. According to David Morgan, an Illinois-based financial planner, many of those in the business of helping the newly divorced choose to do so because too often one spouse is left without much understanding of a former couple’s financial situation. Morgan also stated it was his goal to assist divorcees in making smart financial decisions.

If you are contemplating dissolving your marriage, it is important to remember that Florida is a no-fault divorce state. This means the law does not hold either partner responsible for the end of a marriage. If you are facing a divorce or separation, you should contact a dedicated family law attorney who can help you protect your rights and your financial future.
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In some ways, new advances in technology can make surviving a divorce much easier. For example, email, video chat services, and online scheduling products can potentially make communicating with your children while they are in the care of your former spouse easier. In other ways, however, technology’s role in our daily lives may become a trap for the unwary. Too often, former spouses take to popular social networking websites like Facebook to vent or complain about one another. Doing so can create a variety of legal headaches.

Getting divorced normally leads to a host of emotions. It is understandable that many divorcing spouses seek to discuss their situation and concerns with friends and loved ones. Still, making negative statements about your former spouse on the Internet or in another public forum may lead to legal troubles down the road. In 2010, the American Academy of Matrimonial Lawyers found that 81 percent of attorneys surveyed saw an increase in the use of online social media evidence in divorce cases over the previous five years. If in doubt, it is always best to take the high road and keep your grievances off of the Internet.

If you are in the midst of a divorce or separation, it is important to consider that what you write about your former spouse can potentially get you sued. Although you may express your opinions, you may not lie in order to impugn your former spouse’s reputation. For example, if you call your ex a deadbeat and allege that he or she has failed to meet child support obligations that were in fact met, you could be sued for libel. A former spouse may also not harass or stalk their ex using the Internet.

Whether or not any statements made online merit legal action, it is important for both former spouses to understand that ranting on social media websites may harm both your children and your divorce case. If your former spouse’s employer has access to the negative statements you made regarding your ex, it may have an effect on his or her job, and corresponding ability to meet financial support obligations. Additionally, family court judges rarely appreciate reading incendiary tweets, Facebook updates, or blog posts, and such behavior will likely be taken into account when child custody and alimony awards are determined.

If you are concerned about what your former spouse may say about you online, it might be a good idea to negotiate protections into your marriage settlement agreement or ask the judge to prohibit such behavior. For example, a family court judge recently issued a gag order in the divorce proceedings between former NFL star and Major League Baseball player Deion Sanders and his wife, Pilar, amidst allegations of nasty tweets. Finally, if either you or your former spouse have said negative things about one another online, the easiest way to undo at least some of the damage is to issue a simple apology.
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Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.

According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.

Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.

Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.

In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
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A Fisher Island man was recently ordered to serve 180 days in jail after he reportedly allowed his 16-year-old son to marry the 18-year-old daughter of his housekeeper in an effort to remove the child from family court oversight. The 65-year-old father was charged with contempt of court and placed in the Miami-Dade Jail for allegedly taking his teenage son to Las Vegas the day after he turned 16 and providing him with consent to marry. The father allegedly did so after a Miami-Dade judge instructed the wealthy businessman to immediately place the child in a Utah boarding school for troubled teens. The boy was ordered to attend the school in November 2010 at the request of his father’s former wife. The teen’s mother, who was awarded joint custody of the boy when the couple split, reportedly asked the family court to place her son in the Utah school on the advice of an educational expert after he was arrested for striking a police officer.

Because the teen is now emancipated, the family court no longer has jurisdiction over him. Instead, Miami-Dade Circuit Judge Stanford Blake quizzed the father regarding the unexpected wedding. According to a hearing transcript, the boy was living in his father’s penthouse on Fisher Island immediately following the wedding. Meanwhile, the teen’s bride remained in Miami. Because the State of Nevada only requires the signature of one parent when a minor seeks to marry, the man reportedly allowed the boy to marry without his former spouse’s knowledge or consent.

At the father’s contempt hearing, his attorney told the court the Utah school declined to accept the boy due to his parents’ ongoing divorce. Despite the school’s rejection of the teen, Judge John Schlesinger stated the marriage was an obvious attempt to thwart the court’s order and keep the boy out of the school. Judge Schlesinger also said the man’s conduct was unacceptable and a clear example of indirect contempt of court. He is reportedly appealing his case to Florida’s Third District Court of Appeal.

Many Florida parents find themselves in the midst of a less than amicable divorce every year. Understandably, the host of emotions that are normally associated with the end of a marriage can be overwhelming. If you are considering divorce, you need a dedicated Florida family law attorney to help you protect your interests and those of your children.
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Increasingly, former spouses in South Florida are utilizing the services of a parenting coordinator. A parenting coordinator is a type of mediator who ensures parents comply with a written parenting plan. The aim of parenting coordination is to encourage communication between divorced parents and prevent their children from becoming a victim in their disputes.

In 2009, the Florida Legislature passed a law that allowed parenting coordinators to have a legal role in disputes between divorced parents. Under the law, a judge can appoint a trained parenting coordinator to mediate any disputes about shared responsibility of a former couple’s children. A parenting coordinator’s role is to help former spouses establish a detailed written plan for a variety of issues such as parental responsibility for certain child costs, child transfer locations and times, and the role of extended family members in a child’s life. When the law was passed, Florida had about 200 trained parenting coordinators. There are now approximately 300 parenting coordinators located throughout the state. Around 15 coordinators currently work in each of Florida’s 20 judicial circuits.

According to Fort Lauderdale family mediator Debbie Sedaka, time-sharing conflicts frequently account for the largest number of parental quarrels. Sedaka stated disagreements between divorced parents often break out during a child’s transfer. She believes a parenting coordinator’s most important role is to teach divorced spouses how to communicate with one another in a way that does not expose their children to more conflict. Pembroke Pines psychologist Pamela Silver said the job of a parenting coordinator is often a stressful one. She also stated it can be extremely difficult to act as a parenting coordinator in circumstances where parents cannot place the needs of their children above their own.

Still, an increasing number of judges and social service organizations believe divorced parents engaged in frequent conflicts can benefit from an outside mediator. Psychologist Jill Schwartzberg, who was recently trained to be a parenting coordinator for a family service organization near Boca Raton, stated it is necessary for parents to find a way to resolve their conflicts in a peaceful manner. Despite the sometimes difficult nature of the role, Schwartzberg believes it is important for parenting coordinators to do their best to protect the emotional well-being of children who come from high conflict families.

In Florida, a child custody agreement is referred to as a time-sharing schedule. A time-sharing plan will establish in writing which parent a child will spend weeknights, weekends, overnights, holidays, and school breaks with. If divorcing parents are unable to agree on a time-sharing schedule, a family court judge will create a time-sharing plan based upon a parent’s moral fitness, any evidence of neglect or abuse, and a variety of other statutory factors. If you are currently engaged in a time-sharing dispute, you should contact an experienced Florida child custody lawyer to discuss your rights.
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