Fort Lauderdale Divorce Lawyer Blog

Florida Court Explains When Durational Alimony is Appropriate

Published on: January 28, 2022 | by Sandy T. Fox

While many people assume that women are the primary caregivers for their children, it is not unusual for a husband and wife to decide that the husband will stay at home to care for the children while the wife works. As a result, if a marriage terminates because the husband does not work, the husband has the right to claim alimony from the wife. In a recent divorce case in Florida, the court explored when alimony is acceptable and what considerations should be considered when deciding whether it should be granted. If you or your spouse intends to file for divorce, consult with an experienced Florida family law attorney to see how the breakdown of your marriage will affect your finances.

History of the Case

It alleged that the husband and wife married in 2006 and had two children. From 2011 until 2017, the couple decided that the husband would stay at home and care for the children, and he did not work. He acquired a job in retail when he returned to work, earning around $1,400.00 per month. The wife worked as an auditor and got annual payments from a family trust fund, earning roughly $9,000.00 each month.

According to reports, the wife petitioned for divorce in 2017 and the husband counter-petitioned for alimony. The court awarded the husband $2,000.00 per month in alimony for sixty months and ordered the woman to pay child support to the husband in the final decision released in 2018. The wife filed an appeal, claiming that the trial court erred in giving the husband durational alimony. Continue reading ›

Divorce and Retirement Accounts in Florida

Published on: January 21, 2022 | by Sandy T. Fox

Many people put money into retirement savings accounts during the course of their employment. While retirement plans can only be in one person’s name, income deposited into a retirement account during a marriage is generally considered marital property and is subject to equitable distribution unless otherwise agreed. As discussed in a recent Florida ruling, a party who waives their right to their former spouse’s retirement benefits through a marital settlement agreement is not entitled to such benefits simply because of a mistake in the plan contract. If you or your spouse intends to divorce, you need to obtain the services of an experienced Florida divorce attorney to help you preserve your assets.

Procedural History

According to reports, the couple married in 1988. Throughout the marriage, the husband made contributions to an ERISA-governed 401k. Under the plan, he named his wife as the principal beneficiary and his children as secondary beneficiaries. They divorced in 2017 and signed a marital settlement agreement (MSA) that stated, among other things, that each person would get benefits from any retirement plan in their name and relinquished all interest or claims in the benefits of the other party.

The MSA is said to have been ratified through the final dissolution of marriage. The spouse died two years after the divorce, and his personal representative was chosen as his daughter from a previous marriage. He did, however, forget to update the primary beneficiary on his 401k plan before he died. Although both the wife and the daughter claimed the plan proceeds, the plan administrator only gave them to the wife. A motion to enforce the MSA was filed by the daughter. In response, the wife claimed that under the MSA, she had not waived her right to death benefits. A magistrate ruled in favor of the wife after a hearing. An exception was filed by the estate. The exceptions were upheld by the trial court, and the wife was forced to hand over the 401k funds. The wife filed an appeal. Continue reading ›

Florida Court Discusses Verbal Agreements in Divorce Cases

Published on: January 14, 2022 | by Sandy T. Fox

Divorce proceedings are sometimes acrimonious, with one of the most common points of contention being how assets and obligations should be shared. While court assistance is usually required to resolve such disputes, spouses are free to reach an arrangement on their own. In many cases, such agreements will emerge over the course of the litigation and will be brought to the court for approval before being written down. Oral agreements can be enforced, but only in particular circumstances, as a recent Florida ruling demonstrated. If you’re thinking of filing for divorce, it’s a good idea to consult with an experienced Florida lawyer to see what steps you can take to safeguard your rights.

The Divorce Court Case

It is alleged that the husband and wife were going through a divorce. The wife filed a motion for interim relief. During the hearing on the matter, her counsel requested a brief recess, indicating that the parties had been discussing the potential of reaching an agreement on a global settlement. The parties returned about an hour later, indicating that they had achieved an agreement.

Florida Court Discusses Domestic Violence in the Context of Custody Disputes

Published on: January 7, 2022 | by Sandy T. Fox

When a couple that has children decides to end their marriage, they will generally task the court with determining their paternal responsibility, such as how custody should be split. Prior to making custody decisions, courts consider a number of criteria, including whether one partner has committed acts of domestic abuse. Regardless of whether another court believes that custody should be adjusted because of domestic violence, if a family court issues an order granting timesharing rights, that ruling will govern parental rights. This was proven in a recent Florida decision in which the court overturned a domestic violence order that affected the father’s parenting rights to some extent. If you have any issues about your custody rights, you should speak with a skilled Florida family law lawyer promptly.

The Factual and Procedural History

Allegedly, in 2016, the wife filed a petition for divorce. She also filed a petition seeking a domestic violence order against her spouse shortly after filing the divorce petition. She detailed multiple incidents in which her husband threatened her with violence, verbally harassed her, and pushed her in the years leading up to the filing of the domestic violence petition.

The court allegedly issued a default order against the spouse but did not include a provision regulating the parties’ minor children’s timesharing. Because the spouse had not received appropriate notice of the final hearing on the injunction, the court annulled the order and scheduled a new hearing in 2020. Following the hearing, the court issued another order, this time granting the wife full timesharing rights. The spouse filed an appeal, claiming that the injunction was in violation of the custody order issued by the family court. Continue reading ›

Florida Court Reverses Alimony Award

Published on: December 28, 2021 | by Sandy T. Fox

Broadly speaking, Florida courts have the authority to grant alimony and establish the proper amount of maintenance. However, the courts must follow specific rules, and if they award alimony outside of the prescribed bounds without good reason, their decisions may be overturned. A Florida court recently reviewed grounds for overturning a trial court’s alimony order in a divorce case when the support obligation left the paying party with significantly less money than the party receiving support. If you want to dissolve your marriage or have been served with divorce papers, you should contact a reputable Florida divorce attorney as soon as possible to discuss your choices.

The Trial Court’s Decision

According to reports, the couple filed a petition for divorce. The parties each presented external auditors who testified about the husband’s ability to pay alimony during the case’s trial. The experts’ opinions were based on the value of the husband’s business, changes in industry norms that affected his firm, operational costs, and the line of credit he was obliged to maintain for the business’s operation.

The wife’s expert allegedly stated that she required more than $9,000 every month and that the husband earned more than $15,000 each month. The husband’s expert, on the other hand, testified that the wife needed about $7,800 each month and that the husband had a negative net income of about $2,000 each month. The trial court determined that the husband could pay $8,000 per month in alimony and ordered him to give the wife with dental and health insurance as well as get a life insurance policy to guarantee the alimony. The husband filed an appeal. Continue reading ›

Florida Court Discusses the Enforcement of Divorce Decrees After a Party’s Death

Published on: December 21, 2021 | by Sandy T. Fox

While it may not happen often, it is possible for a party to a divorce action passes away while the case is pending. In such cases, the courts are likely to dismiss the case because a petition for dissolution of marriage is rendered irrelevant if one of the parties is no longer alive. However, as indicated in a recent Florida judgment, the court approaches the issue of implementing a divorce decree differently if one of the former spouses passes away. If you want to leave your marriage, you should talk with an experienced Florida divorce lawyer as soon as possible to discuss your choices.

The Case’s Details

In 2008, the husband and wife got divorced, according to reports. The woman had the right to remain in the former marital harm under their marital settlement agreement, which was incorporated into the final judgment of dissolution. The right was given on the condition that the wife would take on certain financial responsibilities associated with the home. The spouse died not long after the couple divorced.

The husband’s estate then allegedly filed two motions: one wanting to be substituted as a party in the divorce case, and the other asking for the wife to be ordered to leave the residence. The second motion was based on the claim that the wife had failed to meet the financial commitments imposed by the marital settlement agreement, resulting in the home’s foreclosure. The motions were dismissed by the trial court, and the estate appealed. Continue reading ›

Florida Court Reverses Final Judgment in Divorce Matter

Published on: December 14, 2021 | by Sandy T. Fox

When a couple decides to divorce, the court is usually entrusted with settling matters like property distribution and whether either side is due child support or alimony . However, if the court makes an error or relies on false evidence, either side can appeal the decision. In a recent opinion in a Florida case, the grounds for seeking and getting a reversal of a trial court ruling in a divorce action were discussed. If you want to end your marriage, you should speak with an experienced Florida divorce lawyer about your options.

The Decision of the Trial Court

The couple allegedly wanted to end their marriage through divorce. Following the trial court’s issuance of a final ruling ending the marriage both parties appealed. The husband, among other things, opposed the equitable division, while the wife protested the child support award. The court overturned the trial court’s decision and remanded the case for further proceedings.

Orders in Divorce Cases Can Be Reversed

Initially, the husband objected to the trial court’s equitable distribution order. The abuse of discretion threshold is applied to a trial court’s allocation of marital responsibilities and assets, according to the appellate court. Furthermore, factual determinations based on significant competent evidence must be used to support the final distribution of marital assets. Continue reading ›

Florida Court Explains Equitable Distribution

Published on: December 7, 2021 | by Sandy T. Fox

Married couples often accumulate assets over the course of their marriage, and how that property should be split is often one of the most contentious issues when they divorce. The state of Florida is an equitable distribution state, which means that the courts are free to divide marital assets in any way they see proper. Whether a court distributes property equally or unequally, it must establish a factual foundation for its decision, and if it fails to do so, the decision may be overturned. This was recently proven in a Florida opinion issued in a divorce proceeding. It is in your best interest to contact with a Florida divorce attorney about your rights if you decide to end your marriage.

The Case’s Background

The couple allegedly married in 2002. During their marriage, they had two little children. The spouse served in the US military until he was honorably discharged in 2017 owing to mental and physical injuries sustained in many incidents. The Veterans Administration determined that he was 100 percent disabled and awarded him disability compensation.

Later that year, the wife reportedly filed for divorce. The husband stayed in the marital house, while the woman moved in with her parents with the children. Both parties filed an equitable distribution worksheet to seek an equitable allocation of the assets. The husband sought that he be allowed to maintain the marital home in exchange for taking on the mortgage, whilst the wife urged that the house be sold and the proceeds split. The court delivered a final ruling that mostly followed the husband’s planned asset and liability division, but ordered the marital home to be sold. The husband filed an appeal. Continue reading ›

Florida Court Explains Jurisdiction in Family Law Cases

Published on: November 27, 2021 | by Sandy T. Fox

It is critical to litigate a family law issue in the proper jurisdiction in order to preserve the rights of all parties concerned. When a couple has lived in more than one jurisdiction during the course of their marriage, the question of which state or country has the authority to decide over the divorce proceedings might lead to contentious disagreements. In a case where divorce proceedings were filed in both Spain and Florida, a Florida court recently reviewed the process of assessing what court has jurisdiction over a divorce action. If you wish to seek a divorce, you should consult with an experienced Florida family law attorney to assess what actions you should take to protect your rights.

History of the Case

Allegedly, the husband and wife, both Spanish citizens, married in Spain in 2008. They moved to Southern Florida after having two children. They were subsequently accused of criminal activity in Luxembourg, after which the husband pressured the wife to sign an agreement. The wife refused and then fled with the children to Florida, prompting the husband to submit an emergency petition for the children’s return as well as a divorce petition.

It is reported that the husband subsequently filed a second divorce petition in Spain. Following his dismissal of the Florida case, the wife filed her own divorce petition in Florida. The husband then served the wife with the Spanish divorce petition and moved to dismiss the Florida case. The court ultimately concluded that Spain had jurisdiction over the matter and granted the husband’s motion. The wife appealed. Continue reading ›

Florida Court Discusses Orders Changing Parental Time-Sharing Rights

Published on: November 17, 2021 | by Sandy T. Fox

When a couple with minor children decides to end their marriage, they will typically be granted joint custody rights. In some cases, however, the court will grant one parent will be greater custody rights at first. Subsequent changes in the parties’ situations are common, though, and will typically inspire the court to modify the custody order and grant the other parent primary custody of the child. A Florida court recently considered whether a modification order that transfers the majority of parental time from one parent to the other must contain provisions that allow for the other parent to take measures to restore significant time sharing rights. If you are fighting for custody of your child, it is in your best interest to consult a dedicated Florida child custody lawyer to discuss your rights.

The Factual Background

Allegedly, the mother and father separated in 2015. The mother was awarded the majority of parental time with the couple’s minor child under the terms of the divorce decree. The father requested a change in the parenting arrangement in 2019. The adjustment was granted by the court, resulting in the father receiving the majority of parenting time.