Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

A movement to reform Florida’s alimony laws that began about ten years ago is reportedly beginning to gain momentum. Although the movement was initially primarily composed of divorced men, an increasing number of women are allegedly in favor of amending permanent alimony laws in the State of Florida. With divorce rates hovering near 50 percent, the increase in female support reportedly comes from second wives whose husbands are paying permanent alimony to their former spouse. Others are purportedly women who have refused to marry in order to keep their earnings from being used to recalculate a permanent alimony award.

According to Alan Frisher, Spokesperson and Co-Director for Florida Alimony Reform, although a number of changes were made to state alimony laws in recent years, they were not sufficient. Frisher, who has paid his former spouse permanent alimony for nearly ten years, stated most of the alimony laws currently in place in Florida were created in the 1950s. He believes they need to be reformed because societal shifts have fundamentally changed the economics of marriage. Frisher also said the goal of his organization is to educate legislators regarding the unfairness of current permanent alimony statutes.

Some feel that Florida’s current alimony laws discourage former spouses from becoming self-sufficient. It also reportedly creates lifetime financial ties between individuals who chose to end their marriage. When a Florida alimony payer remarries, a judge may increase his or her former spouse’s support award based on a perceived decrease in personal expenses. Florida Alimony Reform reportedly seeks an end to permanent alimony in favor of a fixed-term or long-term durational award system that would end once the payer reaches the age of retirement.

In most Florida divorce cases, some sort of alimony is awarded to the spouse who was the lower wage-earner. The idea behind a spousal support order is to provide a former spouse with additional income as he or she makes the transition to self-sufficiency. Most alimony awards are reportedly paid for a limited term based upon the length of a couple’s marriage. The concept of permanent alimony in the state was allegedly designed to protect a parent who stayed home with the children in lieu of working. Permanent and other alimony awards may be terminated if a payee remarries or cohabits in a marital-type relationship.

In Florida, a court may award spousal support where there is a need on the part of the alimony recipient and an ability to pay on the part of his or her former spouse. Normally, a needs assessment is conducted prior to any spousal support order. A needs assessment will examine the distribution of marital assets and the former couple’s standard of living before the marriage ended. In general, a Florida court will not award spousal support where the potential alimony recipient has the ability to maintain the same standard of living following the distribution of all marital assets. A competent family lawyer can explain the process in more detail.
Continue reading ›

Published on: | by

As the holidays near, many newly separated or divorced parents experience angst over the changed traditions and a possible separation from their children. Although a family law judge will determine where a former couple’s children spend each holiday, it is a good idea for separated or divorced parents to negotiate such matters with their former spouse. Mediators and parenting coordinators may make it possible for parents to come to an agreement and make it through the holidays without a lengthy court battle.

Karen D. Sacks, a licensed mental health and family counselor in West Boca, believes it is important for parents to listen closely to their children during the transition from a single to a dual household, especially during the holiday season. Sacks stated parents should ask for input from kids prior to making holiday plans even if they do not choose to follow all of a child’s wishes. Additionally, parents should keep in mind that many children of divorce become protective of their parents and are often concerned that one parent may spend the holidays alone.

According to Sacks, because children tend to take their cues from their parents, you should send your child off with a smile if your custody arrangement stipulates that he or she will spend the holidays with your former spouse. In such cases, Sacks stated, it is important to love your child more than you dislike your former husband or wife. By reacting to a child’s absence negatively, you will reportedly make being separated from you more emotionally difficult. In addition, making negative statements about your child’s other parent is normally extremely stressful on your kids. Similarly, grandparents who are angry over a divorce should not be allowed to bad-mouth your former spouse in front of the children.

Sacks believes all children recover from divorce at their own pace and maintaining an open line of communication with your kids is often key. Although you cannot continue as if nothing happened, you can ensure that you act like an adult. Despite that newly separated or divorced parents normally struggle with anger throughout the holiday season, it is vital for children to understand that the parental bond will not change no matter who they spend the holidays with.

Child custody is always an especially emotional subject, and most parents worry about how much time they will have available to spend with their kids following a divorce. Since October 2008, divorcing parents in Florida must enter into a time-sharing agreement. A time-sharing agreement will state exactly how much time a minor child will spend with each parent on weekdays, weekends, school breaks, and holidays. If a child’s parents cannot reach an agreement regarding a time-sharing schedule, a family law judge will create a schedule for them. In Florida, a family court will examine a number of factors under Florida law when considering any time-sharing agreement. Contact a capable family law attorney for more information.
Continue reading ›

Published on: | by

An effort is currently underway in Florida to encourage communication between birth parents and their children who were removed from the family home. Because more than half of all foster children in Florida will reportedly be returned to the home of at least one biological parent, the Florida program is designed to allow parents to maintain meaningful contact with their children in the interim. Additionally, the program purportedly provides birth parents with an opportunity to continue to have a voice in how their children are raised. Similar programs in other states such as Oregon and New Hampshire also provide birth parents with parental mentors or legal representation.

Most parents who lose custody of their children in Florida are reportedly battling a drug or alcohol addiction. Others allegedly became abusive or were affected by extreme poverty. Under the program, family law judges and child welfare workers determine how much parental contact with children in foster care is appropriate. Additionally, biological parents are required to take steps towards rehabilitation.

Depending on the situation, parents who are allowed to maintain contact with children living in foster care may do so over the telephone or in person. Foster parents are also encouraged to take steps to help children with the transition between homes and speak positively about the child’s biological parents. According to Kendall Marlowe of the Illinois Department of Children and Family Services, programs such as the one in Florida often eliminate the issue of older foster children running away in order to meet with a birth parent illegally. Marlowe stated the organization actively encourages contact between birth parents and children who are removed from the family home whenever possible.

One Miami foster parent said her foster training failed to address the issue of how children placed in her care would maintain contact with biological parents. Although initially reticent to interact with the parents of her foster children, she reportedly changed her mind after Florida began to formally encourage such contact. She stated it often helps the children to interact with a loving biological parent.

Family law in the State of Florida is constantly evolving and the question of who will care for your children is always an emotional subject. If you are faced with a family law matter such as a child custody dispute or an adoption, you should consult with an experienced family law attorney.
Continue reading ›

Published on: | by

An estimated quarter-million weddings are reportedly cancelled in the United States every year. In addition to heartbreak and disappointment, many would-be brides and grooms often find themselves saddled with the financial hardship of relinquishing thousands of dollars. According to a recent survey, the average cost of a wedding in the U.S. has risen to about $27,000. When a wedding is cancelled, many former couples lose the money they already spent on catering, flowers, and other wedding expenditures. In response, a new business model of selling cancelled weddings was recently created.

New companies that cater to couples who seek to save money by purchasing cancelled weddings at a discount have begun to pop up across the nation. One Virginia company, Bridal Brokerage, assists couples with buying weddings that were pre-planned by another couple who opted not to get married. The company’s CEO, Laura Byrne, stated she helps clients achieve a venue, photographer, DJ, and other wedding necessities for less. According to Byrne, there are currently more couples seeking to purchase a discounted wedding than she can accommodate.

In order to sell a wedding, the couple who has opted not to marry must contact a wedding brokerage company with information such as the wedding date, the maximum number of guests the arrangements will accommodate, the cost, and other details. The brokerage company then contacts couples who seek to marry under similar circumstances to see if the potential match will work for them. If a match is made, the wedding is sold at a discount to the new couple who also become responsible for any outstanding wedding bills. The wedding brokerage company then takes a percentage of the price of the wedding and forwards the remaining money to the original couple. Although couples who choose not to marry will not recover all of the money they spent, selling their unused wedding can help to reduce their overall financial loss.

While many couples reportedly choose to contact a wedding brokerage company in order to reduce wedding costs, others simply want to save the time and hassle associated with planning each and every detail of such an event. In order to use a wedding brokerage company, however, a couple must generally be willing to get married within two to six months. Additionally, wedding purchasers must be flexible because not everything will be personalized. Still, important details such as the dress, party favors, and invitations must be selected by the new couple.

According to Byrne, her company’s target market is couples who are constrained by money or circumstances, not those who have always dreamed of planning the perfect storybook wedding. Byrne stated in addition to the budget conscious, she often assists couples on an accelerated wedding timeline due to military deployments or pregnancy.

Although no one who is engaged to be married expects to be left at the altar or become divorced, entering into a prenuptial agreement prior to marrying is always a smart move. A prenuptial agreement is a contract entered into by a bride and groom before marriage. Such an agreement will normally address how a couple’s assets will be distributed and any spousal support obligations that may arise in the event of a divorce or the death of a spouse. Too often, couples in Florida fail to enter into a prenuptial agreement and later regret their decision.
Continue reading ›

Published on: | by

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.
Continue reading ›

by
Posted in: Divorce
Published on:
Updated:

Published on: | by

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.
Continue reading ›

by
Posted in: Alimony
Published on:
Updated:

Published on: | by

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.
Continue reading ›

by
Posted in: Divorce
Published on:
Updated:

Published on: | by

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.
Continue reading ›

by
Posted in: Divorce
Published on:
Updated:

Published on: | by

Last month, Miami Heat basketball player Chris Bosh spent more than two hours being questioned about his residency before an Orlando judge. The 28-year-old Dallas, Texas native maintains that although he has been employed by the Miami team for two seasons, he is still a Texas resident. Orange County Judge Robert Evans is tasked with determining whether Bosh is actually a Florida resident for child support and child custody purposes. Bosh has reportedly been involved in a support and custody battle with Allison Mathis, the mother of his three-year-old daughter, since the child’s birth.

At the Orlando hearing, attorneys for Mathis submitted a mortgage affidavit Bosh signed approximately two years ago that states he intended to make the $12.5 million home he purchased in Miami his primary residence. Bosh’s voting records were also admitted into evidence during the hearing. Bosh reportedly failed to vote in the 2008 presidential election and his name was purged from Texas voter rolls. Bosh allegedly re-registered to vote in Dallas two weeks prior to the proceeding. Although the man failed to register for a homestead exemption on his Miami property, Bosh reportedly only applied for such an exemption on his suburban Dallas home one-week before the hearing. After Bosh admitted to having an out-of-state driver’s license, Judge Evans allegedly asked the basketball player if he was aware that he was required to obtain a Florida license within 30 days of moving to the state.

Bosh’s residency is important because a Texas court ordered the basketball superstar to pay Mathis approximately $2,600 per month in child support three years ago. Mathis, a resident of Orange County, Florida, has asked the Orlando court to order Bosh to pay a larger sum each month to provide support the couple’s daughter. If Bosh is deemed to be a resident of Florida, Judge Evans could instead order Bosh to pay as much as $30,000 in monthly child support. The Orlando judge is reportedly expected to make a decision regarding the Miami player’s residency in late September.

Parents in Florida must provide financial support for their children. Any award of child support is determined using statutory guidelines that reflect the costs of medical and dental care, day care, and the amount of time each parent spends with a child pursuant to a court approved time-sharing plan. If you need assistance with a child support or child custody matter, you should speak with a knowledgeable Florida family law attorney.
Continue reading ›

Published on: | by

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.
Continue reading ›