Fort Lauderdale Divorce Lawyer Blog

When a Spouse from a Long-Term Marriage Is (and Is Not) Entitled to Permanent Alimony in Florida

Published on: January 17, 2019 | by Sandy T. Fox

The law is full of multisyllabic words that sound almost like a foreign language to most any lay person. However, within all of that “legalese” can sometimes be found some rules or standards of law that can make all the difference between success and failure in your case. Family law is no exception. While there’s no reason why you, as a lay person, should know what a “rebuttable presumption” is, it is something that can make all the difference between receiving an award of permanent alimony and receiving an award of alimony that lasts only a few years. All of this just goes to show that your family law case needs the skill and knowledge of an experienced South Florida family law attorney.

As an example, take the case of E.G. and R.G. The pair had been together for what Florida law defines as a “long-term” marriage. In Florida, a marriage of less than 7 years is deemed to be a “short-term” marriage, 7-17 years is a medium-term marriage and more than 17 years is long-term. These distinctions can matter a great deal when it comes to divorce issues like alimony. For example, if your marriage meets Florida law’s definition of a long-term marriage, and you are the spouse entitled to receive alimony, then the law says that there is a “rebuttable presumption” that you are entitled to permanent alimony.

So, what does that “rebuttable presumption” language mean? Unlike most situations (where a contested topic is considered not proven until one party presents sufficient evidence to prove it), a topic that is the subject of a rebuttable presumption is considered to be true until the opposing party proves that it isn’t.

Be Informed and Be Certain Before You Sign that Alimony Agreement in Your Florida Divorce

Published on: January 9, 2019 | by Sandy T. Fox

For many couples, an uncontested divorce, or at least reaching mutual agreement on some of your issues, can be a very helpful and important part of the divorce process. The more matters upon which you agree, the fewer things you will have to litigate in front of the judge. This can save time and money and possibly reduce acrimony. When you resolve an issue or issues by agreement, though, it is very important to be careful you understand how that agreement is structured. Even just minute inclusions or exclusions in your agreement can massively alter the impact on you in the long run. This is one of many reasons why you should consult an experienced South Florida family law attorney before signing off on any agreement.

For an example of what we mean, look at the divorce case of D.I., a husband from the Tampa Bay area. D.I. and his wife reached an agreement on the issue of alimony. The terms of that agreement were eventually included in the couple’s stipulated divorce decree. The decree stated that the husband owed the wife $800 per month in alimony and that the alimony obligation was to continue for the remainder of the wife’s life.

There was no “or until the wife remarries” wording or “until the wife remarries or enters a supportive relationship” language. The decree contained no wording at all that allowed for termination of the husband’s alimony obligation other than at her death.

How to Go About Dividing Business Entities Like LLCs in a Florida Divorce

Published on: December 26, 2018 | by Sandy T. Fox

A divorce case may often revolve around matters like child custody and child support, alimony and property issues like who gets the house and the cars. Other times, they’re much more complex, especially if one or both spouses held ownership interests in one or more companies. When that happens, it is particularly important have knowledgeable Florida family law counsel on your side to make sure that your issues are handled skillfully.

C.B. and K.B. were a couple whose case presented that type of situation. They separated in 2014 after almost nine years of marriage. The pair had two sons together. They also owned and operated several businesses together.

When a couple like this divorces, there are a wide variety of issues they may need to resolve. In that type of situation, the more issues you can resolve through agreement, the more time and expense you may be able to save. Even then, it is important to be sure you get the right marital settlement agreement. In this couple’s case, they were able to resolve all issues related to their children, but division of assets was not something upon which they could agree completely. They agreed upon most asset-related things, but could not decide how to divide a real estate holding company that they co-owned.

Marital Settlement Agreements, Life Insurance and ‘Irrevocable’ Beneficiaries in Florida

Published on: December 20, 2018 | by Sandy T. Fox

A few years ago, the U.S. Supreme Court ruled on a case involving an ex-wife, a surviving widow and a deceased man’s life insurance proceeds. The man had named the ex-wife as his beneficiary while they were still married, and then never changed that designation. The widow argued that she should get the money because she was the surviving spouse. The ex-wife argued that the money was hers because the law required honoring the designation attached to the policy. The court ruled for the ex-wife, because the law allows for disregarding beneficiary designations only in rare circumstances, and this was not one of those.

What does all this mean if you are named as the beneficiary of your ex-spouse’s life insurance policy as part of your divorce settlement? If your ex-spouse subsequently creates a new beneficiary designation without your knowledge that names someone new after your divorce is finalized, will the law honor that changed designation and will you lose that insurance money when your ex-spouse dies? As a recent case originating in the Orlando area demonstrates, the answer is no. As always, to find out exactly how the law applies to your specific circumstances, be sure to consult a knowledgeable South Florida family law attorney.

D.P., a physician, was married to R.P. for 25 years, divorcing in 2006. The divorce agreement required the husband to pay the wife $6,000 per month in alimony. As is not uncommon in alimony award situations, especially larger ones, the court ordered the husband to obtain a life insurance policy to secure the alimony award and to name R.P. as the policy’s death beneficiary. Without R.P.’s knowledge, the husband changed the beneficiary designation in 2011 to name Melinda (the woman who would become his third wife in 2013) as the beneficiary. R.P. knew nothing about this change until after D.P. died.

What Can You Do if the Judge in Your Florida Family Law Case Appears to Be Helping Your Spouse?

Published on: December 12, 2018 | by Sandy T. Fox

Three decades ago, there was a popular TV comedy featuring four senior women sharing a home here in sunny South Florida. The eldest occasionally tried to impart her “wisdom” by telling stories from her youth, urging her listeners to “picture it,” and then describing the setting. So, in that tradition… picture it: you’re in a courtroom in your divorce case –- on your own — facing the judge and your spouse and your spouse’s lawyer. Both you and the other side have made motions asking the judge to do certain things. While you’re in the hearing, the judge suggests to your spouse’s attorney what motions that lawyer should file. The judge also makes a suggestion that that attorney not file another motion that the lawyer was contemplating.

That would be pretty intimidating, would it not? You’re there on your own and your spouse has counsel but it is your spouse’s side that the judge seems to be helping out. Would you think that you have any recourse? The reality is that you do have options in a circumstance like that. One option to which you should definitely avail yourself is retaining legal counsel. Having a skilled South Florida family law attorney on your side can help level the playing field.

This scenario allegedly happened in a real-life case recently. A wife and a husband were in court in their divorce case disputing the wife’s alleged improper sale of certain assets contained in storage units. The husband had a lawyer; the wife didn’t. The judge in the case allegedly suggested that the husband’s lawyer file a motion to show cause and that, as part of that request, the judge “would be happy” to haul into court the third party to whom the wife allegedly sold the assets. The judge later allegedly offered an opinion that the husband’s lawyer should avoid filing a different motion the lawyer was considering.

What Impact Can Florida’s Homestead Exemption Have on Your Divorce Case?

Published on: December 5, 2018 | by Sandy T. Fox

Generally, the law gives judges significant discretion when it comes to the orders they hand down in family law cases, especially when it comes to division of assets and debts. The court can demand that a particular spouse pay a particular debt and can impose requirements regarding how to pay it, such as demanding that the marital home be sold–at least in most circumstances. However, Florida constitutional law creates some very strong protections for homestead property, and sometimes the homestead exemption protection can have an impact on a family law case. To make sure you’re not forced into selling your home when you don’t have to, be sure to retain an experienced Florida family law attorney.

As an example of a conflict between debt assignment in a divorce and the homestead exemption, there’s the recent case of S.A.S. and J.S. The pair were going through divorce in Broward County, and their divorce included issues that required the retention of a guardian ad litem. Guardians ad litem often become involved in divorce cases involving minor children if the case is especially litigious or there has been an allegation of child abuse or neglect.

In a family law case, a guardian ad litem is often a local attorney and is entitled to payment of fees for the service she provides. Many times, the guardian ad litem may be paid by the hour. The guardian ad litem’s fees are owed by the litigants, which means that this is one more marital expense that the court must decide who pays.

How a Long-Distance Relocation Can Impact–and Require Modification of–Your Florida Parenting Plan

Published on: November 28, 2018 | by Sandy T. Fox

Today, the realities of professional growth and development mean that a parent may find him/herself moving, perhaps even moving several times, across long distances in order to advance a career and provide for his/her family. That, unfortunately, can be especially complicated if the parent is divorced and has minor children from the marriage. The parent must ask the court for permission to make the move and, if the court does accept the relocation, the court may also find it necessary to make additional rulings as other aspects (like timesharing) are inherently intertwined with the issue of relocation. If you or your spouse has proposed relocating, make certain you have a knowledgeable South Florida family law attorney working for you.

The case of E.S. and S.S. was one that demonstrated just how interconnected these issues were. E.S. was a member of the U.S. Coast Guard, stationed in California. During the course of the divorce litigation, the wife, S.S., and the couple’s child moved from South Florida to Maryland. The trial judge set up a schedule in which the father would receive 12 visits each year–10 in Maryland and 2 in California.

However, life events intervened. The mother desired to move to North Carolina, and went back to court seeking permission to relocate with the child. The mother suggested that the court accept the move and modify timesharing to give the father 2 visits in California and 10 in North Carolina. The father opposed that, pointing out that, while there was a Coast Guard base near the child’s Maryland home, the nearest base to the proposed North Carolina destination was three hours away.

Florida Court Rules that a Husband Who Lost His Job Was Entitled to an Extra 10 Months of Retroactivity on His Alimony Modification

Published on: November 21, 2018 | by Sandy T. Fox

For many couples, the creation of mutual agreements can be a useful and healthy way to resolve some or all of the issues outstanding in a divorce. However, even the most well thought out settlement agreements can be undone, in whole or in part, by the intrusion of unexpected life-changing events. When that happens, one spouse may need to ask the court for an order modifying an obligation like alimony, and to make that modification retroactive. To ensure a truly equitable outcome, it is important to get that date of retroactivity right. To make sure your alimony outcome is a just one, you should be sure you have a skilled South Florida family law attorney on your side.

One couple facing this issue of retroactive modification of alimony was J.N. and C.N. The Palm Beach County couple worked out a marital settlement agreement that, among other things, said that the husband would pay the wife alimony of $2,750 per month in years one and two, and then gradually decline to $1,000 per month in year eight.

Two months after the spouses reached this agreement, in January 2016, the husband encountered an allegedly unexpected surprise: he lost his job. He went back to court and asked the judge reduce the amount of his alimony based upon this change. At that time, the court had not entered a final order of dissolution, which was not entered until nine months later. A month after the judge entered the order, in November 2016, the husband filed an amended motion, again asking for a reduction in alimony.

What Type of Restrictions Can a Florida Court Order Place on My Timesharing With My Child?

Published on: November 14, 2018 | by Sandy T. Fox

When a Florida court resolves your timesharing dispute, it is going to impose certain requirements: things that must happen and things that must not happen. One of the important things to know, especially if you are the parent who does not have majority timesharing, is that the law limits the sort of restrictions that can be placed on your timesharing. A limitation on timesharing should only be placed if it is genuinely necessary, and the court order should explain why it is needed. If it doesn’t, then you may be able to get that order overturned. For information and advice about how this and other legal rules may impact your case, be sure to contact an experienced South Florida family law attorney.

As an example, take the case of R.B. and B.T. The two lived in Austin, Texas and were in an on-and-off relationship over a period of roughly five years. The relationship produced a pregnancy and, shortly before the baby was born, the mother relocated to St. Petersburg, Florida. The father remained in Austin.

The relationship was, in the words of the court, “acrimonious” and “volatile.” After the child’s birth, the mother filed an action for paternity and requested adjudication of timesharing and child support. The father did not contest paternity. With regard to timesharing, the court ordered that the father received visitation of one weekend per month, to occur in St. Petersburg, until the child reached age five. After the child’s 5th birthday, the father was to receive two weekends per month: one in St. Petersburg and the second in St. Petersburg or Austin, whichever the father preferred.

How Your Florida Child Support Modification Case Can Get Heard by a Judge, Instead of a Magistrate

Published on: November 8, 2018 | by Sandy T. Fox

In this blog, and likely in other sources, you’ve read pieces emphasizing the importance of not “going it alone” in your family law case, but instead obtaining a skilled South Florida family law attorney to represent you in your action. That’s advice is effective for many reasons. One is that, while you may think that your case will simply come down the resolution of factual disputes, almost any type of case (whether it’s family law or something else) can be greatly helped by a legal professional with in-depth knowledge of the procedural rules in effect in Florida.

As a real-life example of this, here’s the case of D.S. and A.S. The Seminole County couple was in court over a child support dispute. The mother, A.S., wanted the father, D.S., to pay more child support (in terms of duration). She filed a “petition for modification of child support.” The trial court in Seminole County referred the case to a general magistrate.

There might be several strategic or tactical reasons why you might prefer that your case not be heard by a magistrate. This father found himself in that position and timely filed a written objection to the referral to the magistrate. Despite the promptly lodged written objection, the case still went forward before the magistrate and the mother was successful, with the magistrate extending the father’s child support obligation for an additional one year.