Jacksonville Divorce Lawyer Blog

For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Divorce 101: Co-Parenting Experts Help Couples Like Jon and Kate Gosselin.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of calls in my Jacksonville, Florida divorce law practice asking if a new step-parent's income can be used when calculating or modifying a child support obligation. The answer under Florida law is "no". Only the gross incomes of the mother and father are used in calculating a child support obligation and this does not change if one spouse remarries. Even if one spouse remarries, is not employed and is living on the ocean due to the new spouse's income level, the courts will only consider the gross incomes of the parents to the child. If you have a child support question or a modification of final judgment issue, please call our firm for sound, caring advice.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family law practice in Jacksonville, Florida, where I have been practicing for almost 10 years, I see so many casualties of divorce especially when there are children involved. More often than not, the parties are so hurt that they each start the mud slinging and accusations that make the matter even that much more hurtful. I marvel sometimes when I'm sitting in the courtroom and see what was once a most beloved sitting across from one another glaring at each other as now mortal enemies. When children are involved, emotional issues are inherently a part of the dissolution process such as custody, child support, visitation or timesharing and parental responsibility. As a divorce lawyer, my job is to help parties to reach livable, practical solutions while protecting the interests of my client. In doing so, I do not condone mud-slinging simply for the purpose of "getting even" with or "punishing" the other side just to help my client feel better. I have seen that without making mountains out of mole-hills that once the parties begin to heal there can usually be some level of civility in order to build a relationship as mother and father in the future instead of husband and wife. If you need counseling regarding issues involving a divorce action, please call our firm for expert advice and how to protect your interests and on how to cope with the process.

Written By: Lenorae C. Atter
Family Law Attorney, Wood, Atter & Wolf, P.A.

In February Haleigh Cummings disappeared. A short time later, the last person to see her, Misty Croslin Cummings married Haleigh's father, Ronald Cummings, which caused people to speculate whether the marriage was due to the Husband-Wife Privilege in Florida, which allows for couples to claim conversations as confidential in Florida.
However, the problem with such speculation in this case is that Haleigh is the child of Ronald, and the Privilege only extends to matters not involving a child of one of the spouses. Since Haleigh is the Child of Ronald, regardless of marriage/divorce, Ronald nor Misty could claim the privilege.
The fact they are divorcing would not be the determining factor in claim of the privilege because public policy mandates that spouses should be able to talk openly and honestly during the marriage without worry for whether the marriage will last forever. That's a good thing, since divorce, especially in Jacksonville, Florida, is still on the rise.

When Karin Seruga and Richard Zinn got married, Seruga owned the trademark to an appliance called the Artofex triple-action – an industrial mixer that stands six feet tall and weighs over two tons. When the two divorced, it sparked a dispute over the US trademark that has lasted over 12 years.

Zinn has continued to use the Artofex name in his bakery machine business even though his ex-wife owns the trademark to the 100-year old name. A federal judge recently ruled in Seruga's favor, awarding her company over $500,000 in damages. Zinn’s lawyer says that he will appeal the decision.

This case demonstrates the need for parties to be clear about the ownership of assets brought into the marriage before a dispute arises. This couple has denied themselves the closure of finalizing their divorce because of this dispute; a simple pre-nuptial agreement could have saved them 12 years of legal battles.

If you are considering a pre-nuptial agreement or a divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this long divorce at The Divorce That Won't Come To An End.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In September 2009, new census reports came out showing that the divorce rate in Florida is higher than any other state in the nation! Indiana came in a close second. The counties that had the highest number of divorces in Florida for 2009 were Pinellas and Putnam counties. Many of these divorce cases involved children and contained issues involving child support, custody, social investigations, formerly known as custody evaluations, which can oftentimes cost in excess of $2,500.00. If you live in Florida and have a question regarding a divorce or child custody, child support or social investigations, please call our firm at 904-355-8888 to speak with me for advice.

When Michael Gough’s ex-wife moved to Wisconsin from Utah with their 4-year-old daughter, Gough knew he had to do something to keep in touch with his child. He has pioneered the concept of virtual visitation, reading his child stories and even watching her open Christmas gifts over the internet. It wasn’t easy though – Gough had to convince a judge that he should be entitled to electronic contact with his daughter in addition to face-to-face visits.

In 2004, Utah made history by making virtual visitation part of divorce legislation. Wisconsin, Florida and Texas have followed suit. Pennsylvania, Florida and Illinois have also developed programs to allow incarcerated mothers to connect with their families online when they can’t come to visit in person.

While virtual visitation can never take the place of real contact, there is no doubt that it can ease the stress on children when they move far away from a non-custodial parent. The technology available today is a vast improvement over telephone calls, allowing parents to interact with their children face-to-face even when they are far away.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Virtual visits amid real divorce.

A business is often the most valuable asset in a marriage. As such, it can be one of the most contentious points of a divorce. Married business owners can and should take steps to minimize the impact on their business in case of divorce.

The business should be included in a pre- or post-nuptial agreement. The parties should be specific about what rights the non-participating spouse has to the business and how it would be split up if the marriage ends. If applicable, details about what valuation method will be used for the business should be included.

No one likes to plan for a divorce, but proper planning can make a huge difference in the viability of a business going forward. Divorces can be complicated and emotional; having a plan in place for the business can ease the stress and the cost of a divorce by expediting the settlement.

If you own a business and are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Minimize the Impact of a Divorce on Your Business.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family and divorce law practice in Jacksonville, Florida, I get many cases that I feel are ripe for dissolving the marriage in a collaborative setting. Collaborative law encourages the use of financial professionals and mental health professionals early in the negotiations to help reach an amicable, fair solution for dissolving the marriage and for dividing the assets of the parties. However, some people get nervous when the term mental health professional is mentioned. The mental health professionals (MHP) role is not to analyze the parties or to perform therapy on the parties or the children. The MHP is a neutral third party whose job is to keep the parties focused on the objectives of the negotiations, to manage emotions and to facilitate communication. Please call our firm for advice on dissolution of marriage, child support, child custody, settlement agreements, postnuptial agreements, grandparent rights, alimony and division of property issues.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

In a divorce where a pet is involved, the couple should make every effort to find a common ground before going through the agony and expense of a court battle over a pet. While the pet may be oblivious to the battle being waged, the emotional pain is felt deeply by the couple and especially their children.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Pets are property in divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just because spouses separate does not mean that their finances are now considered to be separate by a court in Florida. In Florida, if you are acquiring assets or liquidating assets while you are separated, you must be very careful that they are not marital ones or you could become liable to your spouse to repay your spouse's share of the asset or to divide the asset with your spouse. I read a case where a woman had been separated from her husband for 22 years and neither party ever filed for divorce during that time. During the period of separation, the woman bought a house. When the time came to finalize the divorce, the woman's husband had a 50% interest in the house as she had purchased it during the marriage. Please call our firm if you have questions regarding division of property.

Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children's Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

You can find out more about these classes at Courts offering divorce education class.

Florida and Indiana each have three counties that made the top ten list of highest divorce rates for the US. The Florida Counties are Monroe, Putnam, and Pinellas. Divorce experts point to a number of factors that could be contributing the high divorce rates, including the bad economy adding stress to already troubled marriages. Other reasons mentioned were the party atmosphere of the Keys that encourages immature behavior and even alcoholism. But some Florida residents pointed out the fact that many divorcees come to Florida to start new lives after divorcing in another state.

Whatever the reason, being the “divorce capital of the US” is hardly a distinction either Florida or Indiana welcomes. But if you are a resident of the Jacksonville area of Florida and you find that you would like to dissolve your marriage, please contact our firm for legal counsel.

You can read more at High Divorce Rates in Ind., Fla. Counties.

Starting Monday, October 19th and running through January 31, 2010, parents have the opportunity to lock in the 2009-2010 tuition rates for Florida state universities by enrolling their children in the state-sponsored Florida Prepaid Plan. Under the plan, any child may be enrolled, from birth until they reach their junior year of high school. Parents, guardians or other relatives can pre-pay the tuition all at once or make monthly payments. If the child opts to attend a private or out-of-state school, the money can be refunded or transferred to the chosen school.

In a divorce, the courts do not require either parent to pay for college or to have a child support obligation after high school. But it frequently comes up in the dissolution and settlement process. Locking in tuition rates under the Florida Prepaid Plan is a great idea for any parent, even if they are in the middle of a divorce.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Enrollment for Florida's prepaid college tuition program starts Monday.

An emerging divorce method, using what is called a "collaborative process," brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Collaboration allows for a kind divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Jacksonville, Florida and in all counties in Florida, if children are an issue in a divorce case, the courts will require that the parents attend and complete a parenting course or divorce class. In Jacksonville, Florida, the class is called Children First In Divorce. The purpose of the class is to teach the parties how to put their emotional beliefs aside and to focus on helping the children get through this very difficult process. The Hope Haven Children's Clinic offers the class to those located in the Fourth Judicial Circuit which encompasses Duval, Clay & Nassau Counties in Florida. All states require some form of children first in divorce. Please call our firm for advice on how to set up your class and on how to proceed with your divorce.

Terengganu, an eastern state in the country of Malaysia, is offering free second honeymoons and counseling to troubled couples in the hopes of saving their relationships. The state hopes it will slow their skyrocketing divorce rate.

The conservative Muslim state follows the Islamic custom where divorce is legal, but still considered a distasteful act. The program has already been tested on 25 couples, with favorable results.

It is easy for couples to fall out of touch with each other over the course of many years of marriage. With kids and work and other responsibilities, a marriage can suffer from neglect. It will be interesting to see if this program is successful at bringing couples back together. A week’s romantic vacation seems like a good place to start.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

You can read more about this program at Free honeymoons to halt divorce rate?

No papers have been filed yet, but Ronald Cummings, the father of missing Jacksonville, Florida child, Haleigh Cummings, reported to CNN that he and his wife Misty will be getting a divorce. While Misty at first did not want to go along with Ronald’s decision, she finally agreed to it earlier this week.

The two are the parents of 6-year-old Haleigh Cummings, who has been missing from her Jacksonville, Florida home since February 9th, 2009. Ronald attributes the divorce to the stress of their daughter disappearing while under Misty’s care, Misty’s story about the events of that night, and the stress of being hounded by the public. Misty is not expected to contest the divorce.

There is no question that the loss of a child can have a devastating impact on a marriage. If your marriage has suffered an irreparable harm, please contact our firm for legal counsel.

You can read more about the divorce at Ron Cummings Says He, Misty To Divorce.
Anyone who has any information about what happened to Haleigh is asked to call Crimestoppers at 888-277-8477.

Gay marriage is only recognized in a handful of states, which can cause some interesting legal problems when those couples move to another state. To date, six US states have legalized gay marriage and two more states will recognize same-sex marriages entered into in another state. Washington DC recognizes gay marriages and is expected to allow them soon, while California only recognizes the few marriages that were allowed to take place in that state before same sex marriage was voted down last November.

When two men who were legally married in Massachusetts in 2006 moved to Texas and later decided to file for divorce, they ran into a legal issue that state seemed ill-prepared to deal with. The Texas Attorney General stated that the two could not divorce in Texas, since they were not considered to be married while residing there. The couple could not simply divorce in MA since they were no longer residents. The problem is that, until they can legally divorce, they are still considered married in eight other states and in Washington DC.

One Texas judge viewed this as a discriminatory hardship, and ruled that the state should recognize the marriage for the limited purpose of divorce. The ruling is not expected to stand.

The Defense of Marriage Act gives states the option of refusing to recognize same-sex marriages that were legally performed in other states. As long as this is the case, issues like these will become more commonplace.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

You can find out more about this topic at Obama owes gays more support.

Written By: Lenorae C. Atter
Family Law Attorney, Wood, Atter & Wolf, P.A.

In Putnam County, Florida Haleigh Cummings went to bed on February 10, 2009 and has not been seen since. The last person to see Haleigh is Misty Croslin Cummings, who was babysitting the night of the disappearance and soon thereafter married Haleigh's father. Now, the couple is divorcing and blaming the stress of Haleigh's disappearance as the reason. However, most people remain skeptical at this idea.
In Florida, there is a Husband-Wife privilege that gives spouses the ability to claim the privilege in court when their confidential conversations are questioned. This is a privilege because there is a strong public policy that spouses should be able to speak openly and honestly with one another. There was speculation that this privilege led to the marriage of Misty and Ronald Cummings after Haleigh's disappearance. Now that they are divorcing many are wondering if it means Ronald knows more about Misty Cummings's involvement in the disappearance of her stepdaughter. However, the privilege attaches even after the marriage has ended.
More on this issue tomorrow regarding the Husband-Wife privilege in cases involving crimes against children of either spouse.

Written By: Lenorae Atter
Wood, Atter & Wolf, P.A.

Florida is a no-fault divorce state, meaning that in a divorce things like debt and assets should be split 50/50 or equitably.
When one party racks up the majority of the debt and there are really no "assets," then the court may have a different route to take with the division of the debt. The other factor may be if the party that bought marital items with credit cards and then takes the property, then the court may find that there is a pertinent reason why one party should take more debt then the other.
The real area of interest and best argument in an unequitable distribution, greater or less than a 50/50 split, is if one spouse engaged in an extramarital relationship, on which that spouse spent money or incurred debt.
The real answer when it comes to equitable distribution is that every case is different and the law is not black-and-white on this matter. It is important to discuss your options and likelihood of success with a family law attorney in pursuing a divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

A postnuptial agreement is an agreement or voluntary marriage contract made between couples who are already married regarding the division of marital property that is usually formulated in contemplation of divorce. However, I think they are a necessary document in marriage and should be used as an insurance plan just like buying a cemetary plot before death. The postnuptial agreement may never have to be used but if it does have to be, then there is already a document in place that defines who gets what after separation. The terms of the postnuptial agreement can cover a wide variety of topics including children, assets, pet care and visitation. The postnuptial is designed to help intervene and stop any conflicts and to promote a stronger relationship. It forces the spouses to think about issues about which they may not otherwise talk prior to saying "I do". With divorce on the rise more so than ever before, a postnuptial agreement can help spouses put a plan in place for their family and reduce arguing over unexpected happenings. Please call our firm to put a postnuptial in plan for you family today!

Written By: Lenorae C. Atter
Family Law Attorney with Wood, Atter & Wolf, P.A.

The Florida Disestablishment of Paternity statute allows for reputed "alleged" dads to tell the Court they have reason to believe they do not have a financial obligation to a child for whom they pay child support. The statute lays out many factors to be proven by the alleged father because there is a public policy interest that children not be without a father.
This statute does require that there is newly discovered evidence relating to the paternity of the child since the origination of the paternity being established. In so doing, the alleged father, after learning that he is most likely NOT the father, cannot engage in the following:
1. Marry the mother of the child while known as the reputed father (after learning someone else could be "daddy").
2. Voluntarily take on the parental obligation to pay child support.
3. Swear to paternity in a written sworn statement.
4. Consent to be named as the Child's father on the birth certificate.
5. Voluntarily promise, in writing, to provide child support for the Child and was required to support the Child because of that promise.
6. Dismiss or ignore ANY written, state notice requesting you submit to a DNA test.
7. Sign a voluntary acknowledgment of paternity as outlined in Florida Statute 742.10(4).

The above rules are required to have been followed if you wish to file a Petition to Disestablish Paternity. To make certain that you fall within the statutory guidelines, it is advised that you seek the help of a Family Law Attorney.

Paternity actions in Florida are common because there is a strong belief that children need two parents and child support. Many men are faced, on a daily basis, with a woman informing them they have a child, or a court document greeting them at their home delivering the stork's news. Once the court gets involved, there is a need to establish the father of the child legally, child support and time sharing. So, what happens when you find out, after a few years of this financial and emotional obligation that you, in fact, are not the baby's daddy?
In 2007, the Florida legislature passed the Disestablishment of Paternity Statute. This law allows for men to have the right to petition that they no longer have the obligation to a child if new evidence has come to light. However, there are multiple restrictions on the men for them to prove their case to a judge. It is important to contact a family law attorney to discuss your options and the actual expectation that you will be successful in pursuing this matter.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family law practice in Jacksonville, Florida, as a divorce and family law attorney, I have a vantage point that most people don't have. I see people everyday going through the most confusing and emotional issue of their lives. Oftentimes, spouses change after the marriage and parties quickly go from "I do" to "I don't". An annulment may be possible in this case but annulments are difficult to obtain. In fact, a divorce is easier to obtain in some cases. In an annulment action, the courts are basically saying that the marriage never took place and as such there are very strict guidelines that must be followed in obtaining an annulment. There are two types of annulments, one is civil and one is religious. There are different requirements for each type of annulment. If you are in an "I Don't" situation, please call our firm for advice on how to protect your interests.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

So you and your spouse just love Florida Gators football right? Well what happens when each of you keep your love of football and your favorite team and season tickets but not for each other? Who gets the season tickets? In Florida the courts use a concept called equitable distribution to equitably or "fairly" divide marital assets. If the season tickets were bought during the marriage then they become a marital asset subject to equal division by the courts. But who wants to go to the game and have to sit by their ex? In a situation such as this, the Courts will use equitable distribution to place a value on each ticket and if one spouse gets both tickets then the courts will give the other spouse some other item similar or equal in value to equalize the award. If you or your spouse want to keep your season tickets so you can watch your favorite team become Rosebowl bound, then please call our firm to discuss options in your dissolution.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Time after time with my child custody cases in Jacksonville, Florida and the surrounding counties such as Nassau, St. Johns, Clay and Putnam, the parties will enter into a stipulation or an agreement where each will retain all rights as mother and all rights as father and share in the parenting responsibilities of the child or children. Shared parental responsibility means that each parent retains full rights to have a say or input in major decisions regarding the child's life just as if the parents were still residing under the same roof. The question then becomes what qualifies as a major decision? Decisions such as will the child get braces, will the child get glasses, what religion will the child practice if any, to what school will the child go, how will the child be treated medically and by whom all fall under the major decision category. The gray areas appear regarding the child's hairstyle, clothing, etc. It is a good rule of thumb when the parties share parental responsibility to attempt to include the other parent in as many decisions as possible that will have an extreme affect on the child. If you have any questions regarding a divorce, child custody, child support, alimony, or modification of a final judgment matter, please call our firm for advice and support.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Many children in North Florida and the Jacksonville, Florida area are born out of wedlock. I often receive calls from unmarried fathers and mothers who mistakenly believe that since the father's name is listed on the birth certificate, that the father has established his paternity or legal parentage. That is not so! Florida law differentiates between paternity and parentage. Unmarried fathers must petition the Courts to obtain their parental rights and have a judicial order signed by a Judge that grants them paternity of the child. Establishing paternity by court order grants to the father timesharing or visitation rights, the right to be involved with important decisions regarding the child's future, etc. If you are an unmarried father or mother looking to establish paternity in the Jacksonville, Orange Park, Fernandina or St. Augustine, Florida area, please call our firm for advice and answers. We look forward to helping you.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
In my family law practice in Jacksonville, Florida, many many people come to me for advice on divorce, child custody, child support, equitable distribution and alimony issues. All of these issues are quite stressful, and I see many people in their worst state emotionally. One thing I realize is that the pain from divorce is real. As you begin your healing from the divorce, you may experience all of some of the following symptoms of depression:
* inability to sleep or sleeping more than usual
* overeating or total lack of appetite
* fatigue
* excessive drug or alcohol use
or
* sense of guilt or restlessness

If you are going through a divorce or separation and are experiencing some or all of the symptoms of depression, please seek help from a mental health counselor and call our firm for advice on protecting your interests in a dissolution. Oftentimes you need someone to advocate for you as you may be too emotionally involved to see the forrest for the trees.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Many times I will get a client in a dissolution case in Florida who has owned property or a business prior to getting married. Once you get the emotionalism out of the way in a divorce, the divorce actually becomes one of the biggest business decisions of your life. Normally, in Florida, whatever property one own before the marriage is considered to be non-marital property and should be awarded to the party who owned the property before the marriage. However, having said that, sometimes the courts will consider if the value of the property or business was enhance during the marriage and if so, the courts will award the other spouse an interest in the enhanced value accrued during the marriage. There are still actions that do not enhance non-marital property. For example, paying real property taxes on pre-marital property with marital funds does not enhance its value, converting some of its equity to marital. Just because some marital funds or labor have been contributed to the non-marital property or business during the marriage does not automatically mean that all enhanced value is marital for equitable distribution purposes. Call our firm for answers regarding how to best protect your non-marital property or business today!