Jacksonville Divorce Lawyer Blog

Same-sex marriage in Florida is not recognized, which has posed a number of questions to Jacksonville and other Florida divorce attorneys about how to handle to such matters. The State of Florida originally initiated a statute defining that same-sex marriage would not be considered legally authorized or recognized in the state of Florida. That, not being enough, in 2008, Floridians voted by 62% to institute Amendment 2 to the Constitution, which gave us the language of Article I, Section 2, defining marriage as, "the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
As other states, like Vermont, have enacted the right for same-sex couples to forge in the bonds of matrimony, that marriage is not given full faith and credit in states like Florida. In accordance with Florida Statute 741.212, such marriages that are valid elsewhere are not considered valid if the couple decides to reside in Florida. Therefore, a legal marriage is not legally dissolved in Florida. This means that if the marriage is valid in another state and not recognized where the couple resides, for the marriage to be properly dissolved, the couple must move to a state where their marriage is legal. In places like Vermont, the residency requirement before filing for divorce is one year as opposed to six months in Florida. This can put a strain on the individuals if they were to have the marriage dissolved effectively. However, there may be arguments to say that since you reside in a State where the marriage is not recognized that there are no real reasons to have it properly dissolved because in essence, the marriage is void. In that situation though, the problem would be in dividing property, assets and debts, which can be divided equally or fairly in a divorce.
This leaves a great deal of difficulty for same-sex couples and could potentially be construed as unconstitutional and interfering with ones right to travel, which has been upheld as a constitutional right by the U.S. Supreme Court, beginning with U.S. v Guest, 383 U.S. 745 (1966).
The real question becomes, when will a couple challenge the State's law? Couples that are moving to Florida for work in an economy desperate for jobs, are not afforded the same rights as a marriage between a man and a woman. Furthermore, if that couple is not able to work through their difficulties, divorce is not available to them in Florida. Therefore, the laws have to be creative in order to separate property, assets, debts and the like so as not to overburden the married couple. If there are items, such as a home, purchased during the marriage, then assessing the person responsible for the debts, expenses, etc. comes down to possibly developing a contract to separate out such property. Therefore, the arguments may be similar to a divorce, but the ultimate outcome may be a contract instead of a divorce order.
If you are in a same-sex marriage and are in need of legal assistance regarding your rights in Florida, please contact an attorney who understands the laws and can properly assist you. Also, if you are in a same-sex relationship, there are financial protections you can have, it is important to find out all of your options from a qualified individual.

In Florida, a failure to pay child support or alimony can result in the loss or suspension of a professional license. If a party fails to pay the ordered support, then the party in need of said support may file a petition with the court to suspend the license of the responsible party. The Florida Statute regarding such a petition requires that all other recourses be used before filing for the suspension of a license. The statute also gives provisions that must be followed before the petition can actually filed with the court. As a Jacksonville divorce and child support lawyer, I can vouch for the importance of following statutory requirements because of the statutory requirements are not followed, then the court may throw out the action all together.

Before filing a petition for the suspension or denial of a professional license, Florida Statute 61.13015, you must first send notice to the responsible party that she/he has 30 days to pay the delinquent support obligation or enter into an agreement for payments to be made regarding the delinquency. The responsible party is required to reach out the requesting party to establish such payments and to provide proof that such payments have been made.

If there is no response from the first notice, then the requesting party must send a second notice to the obligated party that states the amount owed and that she/he has 30 days to pay the delinquency or to set-up a payment arrangement to pay the amount owed. If an arrangement is made, then it should be reduced to writing and formalized with the signatures of the parties. The party responsible for the support should provide proof that the first payment has been made.

Both notices should be sent the obligated party by certified mail. The return receipt will suffice as service and receipt of the notice and the 30 days starts on the date it is signed. The notice should be mailed to the last known address filed with the State depository. If the address is incorrect or there is not one filed with the State, then service must be done by publication. The statute, however, is not clear as to whether both notices must be published or if the first publication will suffice. As an family lawyer, I tend to make such decisions based on what I believe the intent, and would suggest running the notice twice or for 60 days. The court knows whether the article was published because the publication site will provide confirmation of such.

If the obligor does not contact the requesting party within the timeframe established, then the needing party may filed the petition for suspension or denial of a professional license, as long as one of the following does not apply:

1. That the denial or suspension would harm the obligor or his/her employer irreparably; or
2. The denial or suspension would not ultimately accomplish the goal of getting payments; or
3. The party responsible for payments shows proof that she/he tried, in good faith, to reach an agreement regarding the delinquency.

An award of alimony or spousal support in a Florida divorce does not mean that the award will be valid under any and all circumstances or that it is not modifiable. Support obligations are, unless waived by agreement, always modifiable in Florida. As a Jacksonville divorce lawyer, clients have contacted me regarding their support obligation because their income has changed, the other party has remarried, or a variety of other things have arisen since the divorce. In Florida, if there is a substantial change in circumstance, alimony may be reduced or terminated based on that change (Florida Statute 61.14). If the receiving party is living in a new relationship setting and that relationship could be deemed supportive in nature, based on the Florida law, then the court may terminate or reduce alimony in accordance with that new support.

In order to reduce or terminate an alimony obligation, the State puts the burden of proof on the obligated paying party. The court may reduce or terminate, upon making findings that since the divorce was finalized, granting the alimony, receiving spouse has lived with another individual in what could be considered a supportive relationship. In determining whether such relationship is, in fact, supportive, the paying party is responsible for proving, beyond a preponderance of the evidence that the following relationship and supportive-like behaviors exist:

1. Whether the party receiving support is with another person and they are presenting their relationships to others a married couple by engaging in activities similar to that of a marriage or supportive relationship(e.g. referring to one another as “husband” and “wife”; taking the last name of the other; this is “our” family, etc.).

2. That the receiving party has lived with the other person in what could be argued to be a permanent living facility (e.g. a house) and the length of time in which they have been doing so.

3. That the party and the other person have joined income and assets and in essence, commingled their finances.

4. Whether the receiving party or the other person have supported each other and to what extent that support has existed (e.g. the other person is paying for all household expenses and has been doing so since moving into together.)

5. Whether they have worked together in creating something of value for themselves or their companies. This may mean that they have pulled their money together to invest in the others' company, created their own business together, etc.

6. If the other party and the other person have jointly purchased property.

7. That the other party and his/her significant other have an actual written agreement or an implied agreement regarding their property and the sharing of their finances.

8. The support of the others' child (e.g. paying for the kid’s clothes, helping with child support payments, etc.).

The party responsible for paying support can show any of the above factors, or anything else that may go to show that a supportive relationship exists for the other party in order to have a reduction or termination of spousal support. However, while certain aspects exist in these findings that could be construed as a “common law marriage,” the practice of such is still not recognized in Florida. Therefore, the argument may be made that though they are not married, the other party is in a relationship that has the makings of a marriage, thus decreasing or terminating the need for spousal support to continue.

Divorce cases in Florida often have an alimony component, which husband and wife do not always understand. As a Jacksonville divorce lawyer, I often educate my clients on how alimony is determined and calculated based on their case facts and whether the alimony can be changed or modified in the future. Florida does not have a formula for divorce, but the Florida statutes along with prior Florida cases provide a format by which alimony may be determined. For example, alimony may be awarded in a divorce case where the parties have been married for 20 years and the wife has not worked full-time in 15 of the 20 years because she has been homemaker, mother and wife. If the husband makes roughly $150,000 per year and the division of assets still leaves the wife with a need to pay her bills and living expenses, then the court may award the wife permanent periodic alimony (i.e. permanent and paid monthly) if the husband has the ability to pay, which he most likely would based on the above example. The question then becomes, if alimony is awarded and the husband loses his job, then how does that impact his financial obligation to pay alimony? Can alimony be modified? The simple answer is yes, but a substantial and involuntary change in circumstance must be presented to the court along with new financial information.

Recently, a Florida appellate court heard a case involving a husband that made $175,000 per year at the time of the divorce and the wife was awarded $5,000 per month in spousal support after all necessary factors were determined by the court. The husband later was laid off from his job and eventually found a new job that paid $66,000. The husband attempted to modify his alimony payment based on his involuntary change in circumstance. However, the trial court found that he should have saved during the time that he knew he was getting laid off (approximately 16 months) in order to pay for his alimony obligation. Also, the trial court found that the husband was using his savings to pay his living expenses while he looked for a new job and the court found that he also could have used his savings to pay his alimony obligation. The trial court ultimately reduced his alimony to $3,500 per month, which constituted 81% of his net income. The appellate court heard the case and reversed the decision based on prior Florida case precedents.

The appellate court basically found, based on Florida law, that the husband could not pay an amount of support that does not allow him to support himself. This goes to the basic ability for alimony, which is not only a need for alimony, but an ability to pay. Second, the appellate court found that the husband could not be required to incur debt in order to pay alimony. Also, the appellate court found that the husband could not be required to deplete or sell his assets to pay alimony to the wife. Furthermore, they found that the husband did not have an obligation to save money to meet his future alimony obligations.

When a case is reversed by the appellate court, the case is then transferred back to the trial court that originally heard it with direction from the appellate court, which is called a remand.

A concern regarding child support and alimony, in Florida, is that once it is ordered, the other party will not pay. As a Jacksonville, Florida divorce and family law attorney, my advice is to clients is generally the same regarding this issue, once alimony and/or child support are ordered by the court, we should do an income deduction order. Such orders can be done only after the order establishing support is entered by the court. Once that is done, the court can enter an income deduction order, which lays out the payment schedule for the paying party. In addition, the income deduction order is sent directly to the employer of the responsible party so that the wages can be garnished.

Establishing child support and alimony in Florida is based on statutory guidelines. The calculation for child support is based on the income of both parties and their pro rata share of the total income of both. Credits may be given for such things as the child’s health insurance and daycare or if a parent has a prior child support obligation. Alimony does not have such a calculation in Florida, but is based on need and ability to pay.

Once the court determines how much will be owed in child support or alimony, the court may enter an income deduction order at the request of a party. The payments made by garnishment are not made directly to the receiving party, but to the State depository. In addition to the employer receiving the income deduction, the State is also provided a copy so that an account may be set-up for both the paying and receiving parties. The money is then garnished each month, in accordance with the order, for the length of time established in the order.

The income deduction order will give figures for the amount to be garnished and for what purpose. If child support and alimony are required, then each will have their own paragraph, but may be on the same order. The order will have specifics for each payment, including the monthly amount and for how long the deduction order is valid. For example, child support may end on July 1, 2013, if a child is going to be 18 and has an expected date of graduation of June, 2013. Alimony may be ordered for the length of time necessary, like rehabilitation alimony, which may be for 2 years.

The income deduction can be done on the pay schedule of the paying party, so while child support is $500 per month, it may come out at $230.77 biweekly if that is the pay schedule for the responsible party. If alimony is ordered, then it will be based on the same type of schedule. Once the employer takes the money out, the money is transferred or sent to the State depository. The State has separate accounts for each party and the receiving party can choose how to receive payments, either by a check or debit card that is reloaded upon each payment.

In addition to making certain that the payments are made each month, the income deduction order also helps keep track of payments. If the responsible party fails to make payments, then the State can provide a print out that indicates payments made and whether there are any arrearages owed.

Florida divorces involving alimony issues have given rise to new legislation over the last few years and will continue into the near future. The alimony debate in Florida is based on a number of factors, including the lack of an alimony calculation that is state mandated in determining the amount of alimony to be paid. According to a press release on Market Watch, Anderson Cooper is reportedly doing a show on Monday, January 9, 2012 highlighting the issues of Florida alimony; however, the report that came out about the show seems to have things reported incorrectly and in an effort to decrease emotional responses, I thought, as a Florida divorce lawyer, that I would debunk some of the myths that allegedly will be reported on the show.

First, the idea that men are the ones that suffer from alimony payments. In Florida, like most of the country, men and women work. If a woman makes reportedly more money than her husband and they divorce, then she may be on the hook for paying alimony.

Second, alimony is awarded without regards any provisions other than a party makes more money than the other spouse. Again, this is not true. In Florida, the factors used in determining alimony include, but are not limited to, the length of the marriage, the contribution of both parties to the marriage, the marital lifestyle, the ability for the asking party to earn relatively similar income to that of the paying spouse, the employment history of the parties, the education history of the parties, the NEED for alimony, and the ABILITY to pay alimony. The court does not arbitrarily and without regard for incomes and expenses simply declare that a Husband will pay the Wife permanent alimony at 70% of the Husband’s income until he dies. In Florida, getting permanent alimony requires the asking party to show that the marriage is a long-term marriage (over 17 years); that the asking party has an ongoing need for permanent alimony (e.g. disability, lack of education, inability to earn, etc.); etc.

Continue reading "Florida Divorce and Alimony Issues to be Heard on National Television Show " »

Florida divorce and child support laws dictate what may be paid in alimony and child support based on the facts of each case and incomes of the parties. Often, the paying party does not like the idea of writing a monthly check and the receiving party does not like worrying about whether the check is actually in the mail. Florida divorce and child support clients often ask their lawyer if there is another option and thankfully for both sides, the answer is, “Yes.” Florida Statute61.1301

An income deduction order basically garnishes the wages of the paying party per the payment agreement or order that was entered with the court. For example if you are ordered to pay child support at $300 per month and alimony at $100 per month, then the order will reflect when those payments will be made and to whom. If there is an income deduction order, then wages are garnished before you actually receive your paycheck and the money is automatically sent to the State Disbursement Unit.
Just as the paying party has an account, the receiving party has an account with the State Disbursement Unit and that account has to be set-up by the receiving party. The payments will then be made by check or they can go into an account, which the receiving party will receive a debit card for and that money can then be accessed like it’s own bank account.

If a the paying party is paid once per month, twice per month, or weekly, the order will actually reflect how the payments will be divided at each pay period. There is a nominal fee associated with an income deduction order and the party responsible for paying the support pays that fee. The ease of the service is that the parties do not have to speak each month or worry that they are not receiving credit for their payments because the state keeps an accounting of everything for them. This is helpful if an issue ever arises where one party claims that payments have not been made because you can actually get a print out of the accounting and provide that to the court if a Motion for Contempt is ever filed. Also, it gives some ease to budgeting because the money is automatically removed or given, so there is no question as to when the money may or may not hit your account each month.

The other nicety is that there is peace-of-mind for having the money going through a third party accounting system because there are assurances that your money is being received. Having an income deduction order also lessens the possibility of returning to court for nonpayment because the case is harder to prove for the receiving party when the State is keeping track of each penny in and out. Also, if you ever remarry, then there are not issues of that money having been there and then each month your new spouse watching it deplete from your account, which often does bring new stresses to a relationship, especially when it comes to alimony payments.

If you are going through a divorce or child support case, then it is a good idea to speak with a family lawyer about your rights and options regarding payment of child support or alimony.

Divorcing parties often separate before their divorce is finalized. When parties separate, even if by agreement, it does not mean that simply not having a court order means that a party is not entitled to alimony and/or child support. Spousal support is based on a need for support and the other party’s ability to pay, often this need is immediate and the party is entitled to receive funds from the date of the separation. Also, child support is designed to keep a child in the same lifestyle s/he would have if the parties were still living together, therefore, the need for child support is established at the time of the separation.

Florida Statute 61.09 allows for the determination of child support and alimony to be determined back to the date of separation. Florida Statute 61.09 states as follows:
“If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”

A Florida family law attorney can help guide you through the separation and divorce process and help you to better understand your rights and options.

Divorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.

Florida Statute 61.08 provides details for determining alimony and the length of the alimony. For a long-term marriage, permanent periodic alimony may be awarded if the requesting party can prove a need for alimony and prove that the other party has an ability to pay the alimony. Florida Statute 61.08(8) defines permanent periodic alimony as follows:
Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

A Florida family law attorney can help guide you through your divorce and help you to better understand your rights and options.

In a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.

Florida Statute 61.08(7) provides for durational alimony, which can be for a length of time that is more comparable to the needs and length of the marriage than the aforementioned alimony. Durational alimony is defined as follows:
"Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage."

A family law attorney can help guide you through your divorce by providing a better understanding of your rights and options.

Marriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce.

Alimony is based on factors including length, contribution, and lifestyle of the marriage. A divorce is designed to dissolve the marriage, but not put either party in a destitute and poverty ridden situation. In order to help move the parties forward, the party that did not get a formal education or did but has not used it in 20 years of the marriage, may be entitled to rehabilitative alimony. Florida Statute 61.08 (6) requires a plan or anticipated plan be present to award rehabilitative alimony and defines the type of alimony as:

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

A family law attorney can help you through your divorce and assist you with understanding your rights and options.

Alimony is often the mind of those going through a divorce in Florida. During a marriage, there is often give and take from both sides and sometimes there is an agreement for one party to work while the other stay home or one party to be the primary breadwinner while the other party may contribute a portion of the household income. However, when the marriage dissolves, the agreements of the parties during the marriage may impact the outcome of the divorce and bring claim to alimony as a result. Florida alimony is designed to help keep the parties in a position where they may have a similar lifestyle to that established during the marriage; however, that determination is based on a number of factors including the length of the marriage, contribution to the marriage, etc. Also, alimony can be awarded in different forms: bridge the gap; rehabilitative; permanent periodic; permanent; or lump sum.

Bridge the gap alimony is defined by Florida Statute 61.08(5) and may be awarded in order to provide support for a party to transition from married to single life. It is designed to help with the short-term needs of the party and it can be awarded for up to two years and is not modifiable, but is terminated if the receiving party marries or the paying party dies. This is typically awarded in short-term marriages, those lasting less than 7 years.

A family law attorney can help you with your divorce and questions related to alimony, divorce, visitation issues, etc.

Alimony in Florida is based on a number of factors, including the length of the marriage. A party qualifies for alimony based on the length of the marriage, the need, and the other party’s ability to pay alimony.

The Florida legislature recently defined what a short-term marriage, moderate-term marriage and long-term marriage consist of in terms of years. This is helpful in determining which type of alimony may be awarded. In Florida, the length of the marriage is determined from the date of the marriage until the filing for the divorce.
According to Florida Statute 61.08(4), the Florida legislature has defined the length of marriage, which is a rebuttable (i.e. arguable) presumption, as follows:

1. Short–Term Marriage is a marriage duration of less than 7 years;
2. Moderate-Term Marriage is one having a duration of more than 7 years and less than 17 years;
3. Long-Term Marriage is of a duration of 17 years or more.

You should speak with a Florida divorce lawyer to better understand your rights and options in a Florida divorce.

Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.

To make these determinations, Florida Statute 61.08(2) gives a number of factors for the Court to consider in making its decision. The factors include the following:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.

A Florida divorce lawyer can help determine whether your case will involve alimony and how to best present evidence regarding the issue.

F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Divorce often comes with concerns for alimony; the concerns are for paying alimony and qualifying for alimony. In Florida, divorce and alimony are controlled by statute. Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.

Florida alimony is determined by the court and can awarded in the following ways F.S. 68.01(1):
1. Bridge-the-gap: this is for a term to help the needing party get from married to single life;
2. Rehabilitative: designed to provide support to the needing party to finish his/her degree, get work training (i.e. computer training), or any other trade that the individual may need help with in order to procure a job/career;
3. Durational: meaning support is determined for a fixed period of time; or
4. Permanent: meaning that support is necessary forever to keep the needing party in a similar lifestyle to that developed in the marriage.

The type of alimony awarded by the court is based on a number of different factors. The court may consider the adultery of either party in determining the amount to award in alimony. However, the court must find facts in the case to support the award or denial of alimony.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Alimony and child support are determined by a number of factors in Florida. Some factors that are considered and used for calculations are income and health insurance, which are defined by Florida Statute 61.046.

Income is used to help determine the ability for a party to pay alimony in Florida. Income is also used to shoe a need for alimony that one party may have, such as being on a fixed income. Child support is actually calculated by using the incomes of both parties to determine what the overall income of the household would be and each parent’s pro rata share of the same. Florida Statute 61.046(8) defines income as, “any form of payment to an individual, regardless of source, including, but not limited to: wages (e.g. hourly or tips), salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government.” Basically, any form of payments received by a party.

Continue reading "How isIncome Defined in a Florida Child Support or Alimony Case?" »

Florida is a “no-fault” divorce state. The idea is that you do not litigate why you are divorcing, but simply litigate a resolution to the divorce (i.e. distribution of assets, child support, alimony, etc.). To that end, Florida Statute 61.044 abolished certain defenses, such as condonation, collusion, recrimination, and laches.

Condonation is the defense that basically says, “You knew I was doing it and you were fine with it at the time.” This is not a defense to divorce because ultimately, it does not matter why the marriage broke-up, just that it’s not getting fixed.

Also, the defense of collusion has been abolished, so the parties cannot have a secret agreement being held over each other. For example, if a party tries to go to court and say, “She told me she would not ask for alimony.” That is not a defense to a request for alimony.

Recrimination, under Florida Statute 61.044 is abolished. Again, when the reason for divorce is not an issue, saying, “Well you also had an affair,” does not really help your legal case for the division of assets.

Laches are also abolished from a divorce defense because laches ultimately gives rise to another being responsible for a debt. However, a marital debt is going to be divided equally and the idea that the other party is responsible is not at issue in Florida.

Continue reading "What Does the “No Fault” Part of Florida Divorce Law Mean?" »

Written By: Lenorae C. Atter, Attorney
latter@woodatter.com

Florida Statute 61.043. Once you file the petition in the Circuit Court (e.g. Jacksonville is in the Fourth Judicial Circuit), a summons is required so that the other party can be served a copy of the petition. In addition, the statute requires that the petitioner to fill-out and provide to the clerk an anonymous questionnaire for the research purposes.

Once the other party is served with the petition, she/he has 20 days in which to file an Answer with the court, under Florida Family Law Rules of Procedure. The answer actually provides a response to each paragraph alleged in the petition. For example, if you file a petition for divorce and a paragraph states, “Wife is in need of alimony and requests either lump sum, rehabilitative or permanent alimony,” then the Husband would answer, unless in agreement with this, that he denies that paragraph. If the other party does not file an answer within the 20 days, then the Petitioner may ask the court to grant everything requested because the other party is in default.

Continue reading " How Do I File for Divorce, Dissolution of Marriage, Alimony, or Child Support in the State of Florida?" »

Marriages have unfortunately become one of the many casualties of war and deployment. For members of the military based in Florida, it is not unusual for spouses and families to be separated for extended amounts of time. The transition back home can cause strains on both marriages and family relationships. Although there are the same grounds for a military divorce as there is for any divorce proceedings in Florida (either your marriage is irretrievably broken or your spouse is mentally incapacitated), other issues in a military divorce may differ from a civilian divorce.

Just like members of the general public, military service members still have an obligation to provide support to their children. However, enforcing these obligations can become more complicated when a parent is a member of the military. Military spouses often encounter two major issues related to child support agreements: (1) Military members receive various forms of special pay, and former spouses may be unsure how much is entitled to for child support, and (2) It may be difficult to enforce a child support agreement if a military member is not making payments. If a former spouse is not paying their child support then it is possible to seek a garnishment of wages or involuntary allotment order to protect your child’s rights to support.

Federal laws govern the rights and obligations of both military members and their spouses in the event of a divorce. The Uniformed Services Former Spouse Protection Act governs the issue of determining spousal support, among other complex issues in a military divorce. An experienced Jacksonville military divorce attorney can help explain your right and responsibilities regarding spousal support and the USFSPA.

A divorce involving military families from or in Jacksonville, Florida can be complex because a military divorce has distinct issues that can involve Florida and federal law. Generally, dissolution of marriage is governed by the laws of the State of Florida, but the federal government has enacted legislation that applies to divorces and family law matters involving servicemen and servicewomen. Federal law governs when a military proceeding may take place, under what circumstances it may be postponed and how active military personnel may be served. Florida law also provides residency requirements for military families.

Child support in Florida is based on the child’s best interests and alimony is based on several factors. The factors a court will consider while determining property alimony award if any, are: (a) standard of living during the marriage, (b) duration of the marriage, age, physical and emotional condition of each party,(c) financial resources of each party, (d) liabilities and how they are distributed, and (e) contribution of each party to the marriage. Similar to a court dissolving a non military marriage, a court must make special findings as to a military member’s pay and allowances.

Similar to all dissolutions of marriage in Jacksonville, Florida, property division in a military divorce is based on the equitable distribution of marital assets. When spouses have inherited property, obtained significant assets or debts and have complex retirement/ pension plans, the marriage will be harder to dissolve. A military divorce that includes military retirement benefits will be governed by the Uniformed Services Former Spouses’ Protection Act.

Historically in Florida and other States, adultery and divorce were much more closely correlated than they are today in the eyes of the law. In order to get a divorce in the past, the innocent party had to prove that their spouse committed some significant wrongdoing in order to seek legal approval for the termination of marriage. However, today Florida along with most other states has no fault divorce laws. In no fault divorce cases, there are certain legal requirements but these do not include proof of adultery or other fault. However, under some conditions the Florida family law court will consider adultery when adjudicating other issues such as alimony or child support.

The Florida Alimony rule provides that “the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” However, in order for the Florida family law court to give alimony based on the adultery, the adultery must have produced a financial loss to the innocent spouse.

When awarding child custody in Florida, the court will consider all factors affecting the welfare and interests of the child. One factor the court will take into consideration is “the moral fitness of the parents.” An act of adultery is likely to be a reflection on the moral fitness of a parent, but this factor alone is not enough to influence a court’s determination on custody. As the Florida Statutes suggest, there are a number of factors that a court will consider when determining the best interests of a child.

Continue reading "My Spouse Cheated On Me - How Does This Affect Alimony? Child Custody?" »

Slowly, Florida court ruling as to permanent alimony have changed over time. Today, alimony can still be awarded to men and women permanently, but it also serves to "get people back on their feet" after a divorce. Florida courts will consider a variety of factors when awarding alimony that include: the length of the marriage, the standard of living the spouses enjoyed during the marriage, each spouse's age, each spouse's physical and mental health and each spouse's income or ability to earn an income. However, alimony is basically dependent upon the paying spouse's ability to pay and the receiving spouse's need for support.

Florida permits courts to award "rehabilitative alimony." Rehabilitative alimony was first established in a 1983 Florida divorce action. The court's opinion stated that rehabilitative alimony could be awarded temporarily in order to allow the financially weaker spouse to "obtain new skills, education and/or other rehabilitation."

Florida Statute 61.08 allows a court to award rehabilitative alimony to assist a party in establishing the capacity for self support through either: (1) the redevelopment of previous skills or credentials, or (2) the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. In order to receive rehabilitative alimony, there must be a specific and defined rehabilitative plan which should be included in any court order. An award of rehabilitative alimony may be modified or terminated based upon noncompliance with the rehabilitative plan or upon completion of the rehabilitative plan. In addition, it may also be terminated based upon a substantial change in circumstances.

Under Florida law in a proceeding for dissolution of marriage, the court may grant alimony to either party. Alimony (also called maintenance or spousal support) is a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce. In determining whether to award alimony, the court will first make a factual determination as to whether either party has an actual need for alimony and whether either party has the ability to pay alimony. If the court finds that alimony is appropriate, the court may grant the following types of alimony: bridge-the-gap, rehabilitative, durational, or permanent in nature, or any combination of these forms.

Bridge-the-gap alimony is meant to cover a short-term need as the recipient transitions to single life. The length of the award is limited to two years and it cannot be modified for any reason.

Rehabilitative alimony is intended to help support a spouse to allow him/her to renew old skills or gain new skills leading to self-support. It is intended to be short-term which enables a spouse to get back on their feet. This type of alimony is usually awarded to enable the spouse to go back to school or to acquire needed skills that would allow the spouse to be competitive in the job market.

Durational alimony is a short- erm alimony award that would be appropriate if none of the other categories are suitable. It is typically awarded to marriages between seven and 17 years. A durational award may be later modified in amount but not in length.

Permanent alimony is usually awarded after a long-term marriage and may be awarded to provide for the needs and necessities of life as they were established during the marriage. This type of alimony continues indefinitely until remarriage or death of the spouse.

The court may either award alimony in the form of periodic payments or payments in lump sum or both. The court may also take into consideration of the adultery of either spouse and the circumstances of the divorce in determining the amount of alimony to be awarded, if any. For more information on alimony, see Florida Statute 61.08.

The demise of death benefits in a Florida divorce. The Florida Supreme Court recently held that if a final judgment of divorce is silent about death benefits, then the policy documents control the death benefit. The reason this can be an issue is that often during a marriage spouses will take out life insurance policies and name one another as the beneficiary. When the divorce is final, if there is no further designation or language taking that right away from a spouse, then the policy itself becomes the authority of the death benefit. So, if you divorce and forget to change the actual policy, and there is no language in the final judgment regarding the death benefit, then your ex-spouse may inherit the death benefit upon your demise.

In the recent case, Crawford v. Barker, SC09-1969 (Fla. June 9, 2011), the final judgment of divorce did not specify any new ownership or beneficiary regarding the death proceeds or beneficiary for a policy held on the husband's life. During the marriage, the husband had designated his spouse, now ex-wife, as the beneficiary on the policy. After the divorce, the ex-husband died and had not changed his policy to reflect a new beneficiary. Therefore, the ex-wife and the ex-husband's estate battled over the funds and the Florida Supreme Court decided that since the final judgment of divorce was silent, then the deciding documents were those of the actual policy. Since the ex-husband had not changed the policy to reflect a new beneficiary, the proceeds were decided to be that of the ex-wife.

In a divorce proceeding, it is important to have a true and accurate accounting of all assets, including death benefits. In addition, if it is your intent upon the divorce to take the death benefit away from your spouse, then be certain the language of the final divorce decree reflects that. Also, try to remember that you need to change the beneficiary on your actual policy so that the death benefit does not get held up on probate court later down the line.

Continue reading "My Florida Divorce and Death Benefits" »

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

Child support and alimony laws of Florida often go hand-in-hand. In Florida, child support is calculated based on the income of both parties. In Florida, alimony is considered income to the party receiving the funds, including the person having to pay taxes on the alimony. As such, Florida requires that alimony be determined separately from child support and the order reflect said division to be certain that child support is properly calculated.
Florid child support is based on the income of the parties, their pro-rata share of their combined incomes, daycare expense, child insurance expense, whether there are mandatory union dues, a few other factors. Basically, the idea is to keep the child in the same financial position s/he would have been in without the parents living in separate homes.
Alimony is designed to help keep the spouse in a lifestyle similar to that in the marriage and is based on the length of the marriage, contribution to the marriage, educational sacrifices, and other factors. It is determined based on the need for alimony and the ability for the other party to pay alimony.
According to the Court, both must be determined separately to assure that calculations are correct for each need.

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

Florida divorce law allows for a spouse to be awarded spousal support/alimony, if the court finds that the requesting party has a need for support and if the other party has the ability to pay alimony. Both tests are important in determining spousal support because the goal of the court is to make the parties whole, not to make one party whole while the other lives a destitute life. In addition to determining the need and ability to pay, the court must determine how long spousal support is necessary or allowed under the Florida alimony statute.
The Florida alimony statute allows for alimony in different forms: lump sum, periodic, bridge-the gap, permanent and rehabilitative. The spousal support awarded is based on the evidence presented, including the length of the marriage, the contribution of each party to the household, the health of the parties, and other factors. In order to have alimony awarded, the need for support must be shown to the court and that need should be quantified, especially with recent changes to permanent alimony, which require that the court the spousal support is needed permanently.
If you have questions regarding your Florida divorce, speak with a family law attorney about your rights and options.

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

In Florida, divorces require the equal distribution of marital assets. What this means is that anything purchased or co-mingled during the marriage is considered marital and those assets have to be divided equally to the spouses. However, if one spouse uses those funds inappropriately (drugs, affairs, etc.), then the court may order an unequal distribution of the marital assets.

In a recent Florida case, Fuentes v. Fuentes, 35 FLW D878 (Fla.2nd DCA April 27, 2011), the court ruled that if an unequal distribution of assets is awarded to a spouse, then it is that spouse’s responsibility to prove to the court the assets were inappropriately used or depleted by the other. While the parties are waiting for the divorce to be final, one spouse may be required to pay the other spousal support (alimony), living expenses, attorney fees, etc. Normally, these funds are to be paid from current income, but sometimes it requires the spouse to go into marital funds to pay the other with. When that occurs, it is not considered an inappropriate use of marital funds and an unequal distribution of assets is not appropriate.

If divorce is on the horizon, you should speak with a family law attorney to better understand your rights and options.

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

Florida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.

Florida alimony laws started changing a year ago to give definitions to long-term and short-term marriages, which were not available before. Now, the Florida alimony statute has changed again and now includes a provision to make the payor and payee have equal amounts available to them each month. The new provision regarding alimony will be in Florida Statute 61.08(9) and basically states that the award of alimony cannot leave the payor with significantly less net income than the payee. This additional language will hopefully make alimony payments more fair in determining the amount to be paid and received. The idea is that one party really should not benefit financially while the other suffers financially from said support.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida can be defined as a spousal support established to help keep both parties in the same lifestyle to which they were accustomed during the marriage. Alimony has been established for individuals that are divorcing that have a lack of ability to earn income based on their contributions to the marriage. The idea is that the spouse that has put his/her career on hold will be financially harmed by the divorce due to lack of income, job experience and the like. Permanent alimony is designed to help keep the status quo the marriage for the parties.

However, Florida law has changed in 2011 and will take effect on July 1, 2011 making permanent alimony more challenging to be awarded, even in a long-term marriage (over 17 years). Now, the court must determine that permanent alimony is necessary for the requesting spouse and make a finding that there are no other forms of alimony that are fair and reasonable under the circumstances. If the requesting spouse could work towards achieving a lifestyle similar to that established during the marriage, then the court may find that another form of alimony (bridge-the-gap, lump sum, rehabilitative, durational) may be just as fair in achieving the goal of having finances equal to the marital lifestyle.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.

Permanent alimony used to be available in long-term marriages as an automatic with showing necessity of such, in moderate-term marriages if it can be shown to be within a reasonable necessity and in short-term marriages if there were, “exceptional circumstances.” The 2011 laws have now significantly impacted the ability to get permanent alimony in moderate-term marriages (7 -17 years). Florida Statute 61.08(8) , in order to get permanent alimony in a moderate-term marriage, the party requesting said alimony must present clear and convincing evidence as to why she/he should be awarded permanent alimony.

Now the threshold for getting permanent alimony for marriages less than 17 years will require more evidence then the typical issues of work history or contribution to the marriage. These allegations will now have to be proven by the requesting party and not merely addressed through testimony of the requesting party.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.

Florida Statute 61.08(7) now states that there is no reason that durational alimony cannot be awarded in a long-term marriage (over 17 years) if there is no ongoing need for permanent support. What this means for you is that if the spouse requesting permanent alimony has an ability to care for him/herself and provide a lifestyle close to that of the marriage, then that spouse may be entitled to alimony for a set period of time, but not permanent alimony since there is no need for the same.

Alimony is designed to keep both parties in the lifestyle to which they have been accustomed during the marriage. Over time, if both parties have the capability of maintaining that lifestyle without assistance, then Florida law is now saying the other spouse should not be required to continue paying support.

You should speak with a divorce lawyer to better understand how alimony works and is calculated if you are going through a Florida divorce.

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

Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance, Florida Statute 61.08(4) defines marriages as short-term (0-7 years, moderate-term (7-17 years) and long-term (over 17 years).

Florida alimony now has even more restrictions that will take effect on July 1, 2011 and will apply to all pending Florida divorce cases and any new modifications of old orders regarding alimony. The changes basically make it harder to secure permanent alimony by placing more restrictions and hurdles regarding proof on the party requesting permanent alimony.

While Florida seems interested in changing alimony requirements and availability, hopefully the legislature will at some point give guideline calculations for alimony to make the process easier to understand by both parties.

If you are going through a divorce in Florida, you should speak with a divorce lawyer to better understand your rights and options.

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

Florida divorces require that assets, including all accounts (IRAs, Mutual Funds, etc.) be divided equally by the parties. Once the assets are divided equally, the income available to the parties may be construed differently and impute certain monthly allowances to a party when determining if alimony will be awarded. In a recent Florida case, Neiderman v. Neiderman, 36 FLW D927 (Fla. 4th DCA May 4, 2011), the court found that the Wife could be imputed income from the division of an IRA. While IRAs do have a penalty for withdrawals made before age 59 and 1/2, there is a provision under IRS Regulation 72(t) that allows equal periodic payments from an IRA without penalty. This is done only if the payments will be for more than five years; the life expectancy of the party; and if there is a reasonable rate of return. Under this provision, the wife in Neiderman could withdrawal $9,000 per month without invading the principal. Therefore, the wife was imputed $9,000 per month income only from the IRA as imputed income for determining her alimony award since her husband made $500,000 per year and she made $35,000 per year.
Given market changes, she may be able to apply for a modification of alimony if there is a deviation of at least 15% in her available income.

Continue reading "In Determining Alimony in My Florida Divorce, Can Income Be Imputed Through Marital Assets?" »

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

Club memberships can be a point of argument in a divorce. Often, couples who have membership to a private club are both covered under the same member policy. Typically, one membership will include both people in the couple, so dividing the membership can be difficult. What is important to consider when fighting over such memberships is whether you van afford the membership after the divorce. Memberships are not considered an asset, but can be calculated in determining alimony expectations or as a negotiation tool. Before fighting try to have an understanding of what you are fighting over, including whether the members are going to be your social group during and after the divorce, whether you can have your own membership established without your spouse, etc. If the membership is one that you can have without your spouse, then you want to establish whatever cost would be. However, if the membership is through your spouse's employer, then it most likely will stay with your spouse because it is nontransferable. Understand what you are asking for before fighting over it because it will save you time, money and frustration through the divorce.
If you have questions regarding your divorce, then you should speak with a family law attorney.

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

As a Jacksonville divorce lawyer, I am often asked how long a divorce will take. The time for a divorce is based on a number of factors including whether there issues involving children; marital assets; alimony; personal businesses; etc. In addition to the issues surrounding the divorce, the court also has a calendar that it uses in scheduling hearing dates and trials. No matter how quickly a divorce agreement can be reached, you are still at the mercy of the Judge's calendar to go for a final hearing.
If you and your spouse agree on things, then a consent agreement may be reached at the very beginning and the divorce can be done rather quickly. However, if there are fights along the way regarding all matter surrounding the divorce, then the process can take anywhere from 6 months to 6 years. Parties are required to attend mediation and with a divorce surrounding multiple issues like children; business divisions; division of other marital property; then the parties may agree to attend more than one mediation session to work through all of the issues instead of leaving the ultimate decision to the Judge. Hopefully, understanding the process will lead to a faster resolution to the divorce.
If you are going through a divorce, it is good to speak with a family law attorney about your rights and options so you understand what you are fighting for and over.

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

divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are served a divorce petition, you have twenty (20) days to file an answer with the court and provide a copy to the your spouse or the attorney for your spouse. An answer is a document that addressing each allegation or request in the petition and goes paragraph by paragraph. It is important to know that a petition often asks for more than the other party wants because if it is not requested in the petition, then it most likely will not be addressed. Also, you have the right to file a counter-petition along with your answer. A counter-petition basically lays out your own requests and allegations and your spouse has twenty (20) days to answer the counter-petition.

It is a good idea to file a counter-petition if your spouse has asked for the marital home and you want it, or if your spouse makes the majority of the money in the marriage, then you may want to request alimony. In addition, since Florida equally divides marital property, if your spouse used money in furtherance of an affair, then you would want an unequal distribution of assets to give you back the money used for that relationship. If you are served with divorce papers, you should speak with a family law attorney to better understand your rights and options.

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

Stay at home parents going through a divorce often question how they will get through the divorce financially. In Florida, if you do not have money to hire a lawyer, but your spouse does, then you will need to file a Motion for Temporary Needs and a financial affidavit, to get attorney fees and costs associated with the divorce. Florida recognizes that if one spouse can get a lawyer, then the other spouse should be capable of the same regardless of their independent financial issues. The idea is that a party that has money should not win simply because that person holds the Benjamins.

If you are in the above situation, you should speak with a lawyer about your upcoming or pending divorce and find out what your rights and options are in the process.

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

In Florida, if alimony is a factor in a divorce, with children, then alimony must first be determined in order to properly calculate the child support. Child support is based on the income of both parties and alimony is considered income to one spouse and a reduction of income to the other parent.
First, alimony is based on factors of the length of the marriage; the contribution to the marriage; the lifestyle of the parties during the marriage; and the supporting spouse's ability to pay.

Once alimony is determined the other factor for child support would be the time-sharing plan of the parties. Once that is done, the income of the spouses are put into the child support guidelines along with the time-sharing plan and a number for child support can then be calculated.

If you are going through a divorce with alimony an child support as factors, you should speak with a divorce lawyer to fully understand the process along with your rights and options.

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

Alimony can be used to help finish or get an education after a divorce is final. In Florida, alimony can be used as a rehabilitative form of support to help the needing spouse get a degree or certification to make it easier to qualify for a job.

In a divorce, rehabilitative alimony does not stop alimony on a permanent basis or lump sum alimony. Types of alimony include rehabilitative alimony, which may be for a short period of time (how long it takes to finish a degree) and then alimony for a longer period may be awarded a well. For example, there may be alimony of $2,000 per month for 3 years for education rehabilitation, then decrease to $1,000 per month for permanent alimony. The idea is that you are giving more initially to allow time for the other spouse to get a job where less alimony will be necessary to keep the standard of living up.

If you are going through a divorce it is good to understand your rights and options. When going through a divorce, you should speak with a divorce lawyer to better understand the process and the law.

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

Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a divorce. Florida law has been quiet on a fair amount for alimony, but has provided guidelines for the length of alimony. So, how is alimony calculated in Florida?
First, the length of the marriage is a determining factor for how long a spouse can collect alimony. Florida law states that a marriage of 17 years and more qualifies for permanent alimony. Under that length of marriage there may be qualifying reasons for permanent. Other forms of alimony are as follows: bridge the gap; lump sum; and rehabilitative.

The remaining factors in calculating alimony in Florida are as follows: the lifestyle of the marriage; the contribution of the spouse to marriage (i.e. Giving up schooling); the ability of the other suppose to pay; personal factors (i.e. Health issues). These are all used to determine how much alimony should be paid to the needing party. These factors are considered by the Judge and can also be used to help both parties reach an agreement at mediation.

In a divorce action it is important to understand your rights and options in regards to alimony. To nest understand the process you should speak with an experienced divorce lawyer.

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

Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.
In situations of adultery; gambling; drug use; etc. the court can consider whether marital funds were used in furtherance of those actions. If it can be shown that marital funds were dissipated by one of the parties for such actions, then the court may order an unequal distribution of marital assets and debts in order to payback the other party.
When determining the best interest of the child[ren], the court may consider whether one of the parties participates in activities that may be detrimental to the child[ren]. If there are extreme accusations, then the court may require a time-sharing coordinator and/or a social investigation in order to assist in determining the best situation for the kids.
Understand your rights and options before filing for divorce and contact a family law attorney to assist you with these issues.

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

Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

1. Who will live in the marital home while the divorce is pending.
2. When children are involved, a temporary time-sharing plan (visitation).
3. Child support to be paid based on that [time-sharing plan] schedule.
4. Spousal support (determined based on the same provisions as general alimony, but sometimes it is more generous on the temporary basis since the separation is fresh and expenses are unknown).
5. Attorney fess and costs that were necessary for filing the divorce and getting representation. The idea is that if one party can afford an attorney, then the other party should have the same ability.
6. Any other items that need to be determined early so that the parties can make it from the filing to the final hearing.
7. Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce.

The idea of providing for the parties during the divorce proceedings is to keep the parties on an even playing field. To better understand your rights and options regarding the issues above you should speak with an experienced divorce/family law attorney.

Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy.

According to the bankruptcy laws, only certain items are dischargeable in an action for bankruptcy as outlined inUnited States Code, Title 11, Chapter 13. According to bankruptcy and Florida law, the outcome from a discharge of an alimony obligation may be detrimental to the receiving party, therefore the alimony cannot be discharged in the bankruptcy court.
In addition, the debt incurred by a spouse, ex-spouse or child through a divorce action cannot be discharged by the bankruptcy, according toSection 523(a)(15) of 11 U.S.C. Sec. 23 .

If you are unable to pay the alimony previously ordered by the Court, for reasons outside of your control, then you may file an action for Modification of Alimony with the Court. However, if your money has been depleted by your own, voluntary actions (i.e. gambling), then the alimony may not be modified to a reduced obligation.

These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

The Florida Statutes 61.08 (4) define marriage durations for alimony as follows:

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

In order for the court to make a determination of an alimony award, it must have evidence before it that establishes a factual basis for alimony. The court must determine both entitlement and amount to make an alimony award. The primary factors for entitlement are need of the payee spouse, ability of the payor spouse and the standard of living established during the marriage.

Generally, in a short term marriage, alimony is not awarded or is a negligible amount. However, that is usually because the party seeking it did not present evidence to establish a basis for the award. A spouse can always argue for an award of alimony but must be prepared to support a finding of fact for the award.

Continue reading "Alimony In A Short Term Florida Marriage" »

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

In Florida, if you are going separate ways in your marriage, divorce is not a requirement to receive alimony and/or child support in Florida. If you and your spouse are separated, then the party in need of spousal or child support may petition the court without filing for divorce (Florida Statute 61.09). This allows for parties to separate without the pressure of divorce if that is not their ultimate goal.
The Court establishes alimony based on the same factors that are considered in a divorce proceeding, per Florida Statute 61.08, such as length of the marriage, contribution of the parties during the marriage, lifestyle of the marriage, etc.

Child Support is determined based on the child support guidelines in Florida Statute 61.30, as it would be under any other proceeding in family law matters ( divorce, paternity, etc.).

Child Support is based on the income of the parties, so if alimony is awarded, it will be factored in as income to the receiving party for purposes of child support.

Continue reading "Florida Allows Alimony and Child Support Without Divorce" »

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

Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage, the contribution of each spouse to the marriage, etc. Once alimony is determined, the Florida court awards that amount to the needing spouse and it is often in place until the end of time specified in the order. However, given certain circumstances, the alimony amount can be modified if there is substantial change in circumstance.

Florida Statute 61.14 provides for a modification of alimony or spousal support if certain factor are presented to the court and the threshold is met. Modifications in alimony can be a request by the needing party for an increase in support or the payor may request a decrease of the alimony amount. In order to establish a modification, the moving party must allege a substantial change in circumstance has occurred for the decrease or increase of spousal support to be changed. For example, if spousal support was awarded and the paying party discovers that the receiving party is cohabiting or residing with another person in a supportive manner.
Florida Statute 61.14 identifies a supportive relationship and provides actual provisions under which alimony may be terminated. These include, but are not limited to the following:

1. A supportive relationship exists between the party receiving alimony and the person s/he lives with.
2. In determining the degree of support, the court is allowed to find out the nature of the relationship between the alimony receiving party and the person with whom their is a supportive relationship (spouse, girl/boyfriend, friend, family member, etc.).
3. The relationship can be determined by how the two individuals hold themselves out in society, but still does not recognize common law marriage.

There are other factors used in determining a change in alimony or spousal support and it is best to speak with a qualified family law attorney regarding such issues before proceeding.

Continue reading "In Florida, When Can Alimony Be Modified or Changed?" »

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

As a Jacksonville, Florida family law attorney, I represent clients in paternity, child support and divorce cases. Payment of obligations for child support and alimony seem to weigh on both parties because one needs the support and the other wants to make certain payments are made on time so there are no future actions for lack of payment. The answer is that Florida does allow income deduction orders to be entered against the party responsible for payment, which means that wages can be garnished for the support. Income deduction is an easy way for the obligor to pay the money owed and it allows the money to be direct deposited into the proper account. In addition, it allows for proper accounting of all monies paid so that accusations of nonpayment can be properly defended.
According to Florida Statute 61.103, an income deduction order can be entered in connection with an order that establishes the support obligation for child support or alimony. The income deduction order must state that an order for the obligation has been entered by the court and it must include the date the order was entered, the court that entered the order (i.e.

Jacksonville is the Fourth Judicial Circuit) and it must provide the court number associated with the original order.
Once the income deduction order is entered, the court must furnish the obligor with a statement rights and remedies associated therewith and provide details of the fees associated with the deduction, the amount to be deducted, that notice will be given to the obligor's employer and that subsequent employers must be notified by the obligor, and other factors related to Title IV-D cases.
Income deduction orders can be a good tool used by both parties in a divorce, paternity or child support case because it helps protect the interests of both parties. and

Continue reading "Florida Allows Income Deduction for Child Support and Alimony Obligations from Paternity and Divorce Actions" »

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

Filing for divorce in Florida? Florida Statute 61.052 lays the ground work for filing for divorce in Florida. First, you must qualify by being a resident of Florida for at least six (6) months before filing a petition, then you must meet the requirements for a divorce to be granted.

In order to start a divorce, one party must file a petition for dissolution of marriage, which should allege the following: that the marriage is irretrievably broken or one spouse was adjudged mentally incapacitated at least three (3) years preceding the petition; whether there were children born, adopted or expected from the marriage; request for alimony; request child support; request for timesharing/parent plan; equitable distribution of marital assets and debts or unequal if there is a legitimate basis for the request (depletion of marital assets by one party); and any additional requests that may be sought.

The party that is served with the petition must file an answer to the petition within 20 days of the date of service. That party may also file a counter-petition requesting the same or similar things as those pled in the initial petition. If a counter-petition is filed, then an answer must also be filed to that petition within 20 days. Once everything is filed, then you can move on with the divorce by asking for a trial date.

During the time between filing a petition and before trial, there is a period of discovery, where both sides must provide documentation of their assets and debts along with a financial affidavit. There is a timeframe for all of the proper documentation to be provided to the other side.

Prior to attending a final hearing, the judge will require that you attend mediation to possibly settle the case before trial. Mediation is a chance for a neutral third party to assist both sides in working through some of the issues and hopefully settle their case without a trial.

Continue reading "Requirements for Filing for Divorce in Florida" »

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

In Florida, to file for divorce, you must reside in the State for at least six (6) months prior to filing a petition with the court. The Florida residency requirement only requires one of the parties to have residence in Florida, to file here and actions can be brought against a party that resides outside of Florida.
An example would be if you and your spouse live in New York and decide to separate and during the separation you move to Florida for at least six (6) months, then you can file for divorce in Florida though your spouse still resides in New York. Typically, if there is an issue with children, the matters involving the children will be in the court where the children physically reside. However, the actual divorce, equitable distribution of assets, etc. can be decided by a Florida court.
The easiest method of proving your residence is by showing the Court a Florida drivers license. If you do not have one or it was not issued six months prior to your filing for divorce, then you can use the following: lease agreement that signed and dated; utility bill, in your name; or anything that may show the court that you have actually resided in Florida for six (6) months. If you do not have one of those available, then you may have a signed affidavit by someone that can attest that you have lived in Florida for the required time.

Continue reading "Florida Residency Requirement for Filing Divorce" »

Alimony or spousal support, in Florida, is determined by the set of facts surrounding the divorce, not a calculation like you have in Florida child support cases. Unlike Child Support, the determination is not based on a statutory guidelines that says x +y = z, instead factors of the marriage are used to determine what “z” will be. Some factors used to determine whether there is alimony to be awarded and how much that alimony will be are as follows:
How long was the marriage? If the marriage was 0 – 7 years, then that is considered a short-term marriage, 7 – 16 years that is a moderate-term marriage and 17 or more is a long-term marriage.
What was the standard of living during the marriage? If both parties worked and made relatively equal money, then there will be no alimony. If one spouse worked and the other did not, then alimony will most likely be awarded.
How much will be awarded? This is the most difficult thing for the court to determine because it brings into consideration the above factors and looks at what is available to each party regarding finances, assets, property, etc. Basically, a lifestyle cost analysis has to be completed to see what is available and needed by each party.
If you are going through a divorce and feel that alimony is a factor, you should speak with an experienced divorce attorney to find out what factors will be considered in your case.

Like most states, the awarding of alimony in Florida depends on a number of factors, including the length of the marriage, contribution to the marriage (both financial and non-financial), education level of both spouses, employability of both spouse, and more.

Florida has four different types of alimony: permanent, lump sum, rehabilitative and bridge the gap. Following are the likely scenarios for each:

Permanent or lump sum alimony. If a couple has been married for more than 17 years and one spouse has been the sole source of income during the marriage, it is likely that permanent alimony will be awarded to the non-working spouse. Florida courts recognize the contribution of maintaining a home and raising children by a non-working spouse, who will likely have difficulty re-entering the workforce after so many years of being absent. Judges will most likely award either permanent or a lump sum alimony in recognition of the contribution of the non-working spouse to a long-term marriage.

Rehabilitative alimony. If a couple has been married longer than 10 years and one spouse sacrificed an educational or employment opportunity to support the other spouse, then rehabilitative alimony may be awarded to help educate or train the supporting spouse so he or she can become self-supporting.

Bridge the gap alimony. If a couple has been married for less than 10 years, then bridge the gap alimony may be awarded to help a spouse move from married to single life. This type of alimony is for a set period of time, usually six months to a year.

If divorcing spouses have equal education and income levels, there will usually not be any alimony awarded to either spouse.

In determining an award for alimony, Florida family courts may consider a considerable amount of factors. Among these factors is a rebuttable presumption regarding the duration of marriage. The length of marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. Marriages fall into different categories: short-term, moderate-term and long-term. Pursuant to Fla. St. § 61.08, a moderate-term marriage is a marriage lasting greater than 7 years but less than 17 years. A long-term marriage is a marriage with a duration of 17 years or greater. And, a short-term marriage is marriage lasting less than 7 years.

There are four different types of alimony awards available in the state of Florida: bridge-the-gap, rehabilitative, durational and permanent. All of these awards have different durations and modification and termination requirements. Being in a short-term marriage may or may not affect your ability to recover alimony. Although short-term marriage may present extra hurdles in obtaining certain types of alimony awards, these hurdles are not insurmountable. There are always exceptions to the general alimony rules. Contact a Florida Divorce Attorney for legal representation in the dissolution of your short-term marriage to get you the type of alimony best suited for your situation.

Pursuant to Title VI, Civil Practice and Procedure, Chapter 61, Dissolution of Marriage; Support; Time-Sharing, Section 61.08, Alimony, Florida courts may grant alimony to either party, which may be bridge-the-gap, rehabilitative, durational, or permanent in nature or award any combination of these types of alimony.

Bridge-the-gap alimony is an unmodifiable alimony award that provides a party financial assistance to aid that party in transitioning from being marriage to being single. It is designed to assist the party with any legitimate and identifiable short-term needs. The length of any bridge-the-gap alimony award cannot exceed 2 years and will terminate upon the death of either party or if the receiving spouse remarries.

Rehabilitative alimony is awarded to assist a party in "establishing the capacity for self-support through either: (1) the redevelopment of previous skills or credentials; or (2) the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials." Fl. St. § 61.08(6). A specific an defined rehabilitative plan must exist in order to receive this type of award. This type of alimony may be modifiable and terminated in accordance with Florida Law based upon a substantial change in circumstances or upon noncompliance or completion with the rehabilitative plan.

Durational alimony provides a party with financial assistance for a set period time and should be awarded in circumstances where permanent periodic alimony is inappropriate. This type of alimony is the most appropriate award regarding short- or moderate-term marriages. Durational alimony may also be modified or terminated based upon substantial changes in circumstances, in accordance with Florida Law. However, the length of a durational award may not be modified except under exception circumstances and may never exceed the length of the marriage.

Permanent alimony provides the needs and necessities of life as they were established during the marriage to a party who lacks the financial ability to meet his or her needs and necessities following a divorce. Permanent alimony is most appropriate regarding long-term marriages, but may also be awarded to a party in a moderate- or short-marriage if the circumstances are proper. This award is terminated upon death of either party or upon remarriage of the receiving spouse. An award can be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship.

The Florida Legislature recently made amendments to the Florida Alimony Statute to include bridge-the-gap and durational forms of alimony. Contact a Florida Divorce Attorney to discuss your financial needs and the type of alimony that is most appropriate for you.

The recent changes to Florida's alimony statute will apply to all initial awards of alimony entered after July 1, 2010 and modifications of such awards. These amendments cannot be the basis to modify awards or change the amount or duration alimony awards entered before July 1, 2010.

Below is a list of new factors the court will consider in determining the amount of the alimony award:
1. The responsibilities each party will have with regard to any minor children the parties have in common.
2. The tax treatment and consequences to both parties of any alimony award. This includes the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
3. All sources of income available to either party. This will include income derived from investments of any assets held by either party.

Presumptions - Term of Marriage:
1. A short-term marriage is marriage lasting less than 7 years.
2. A moderate-term marriage is marriage having a duration of greater than 7 years but less than 17 years in length.
3. A long-term marriage is a marriage lasting 17 years or longer.

The new law codifies all forms of alimony: bridge-the-gap, rehabilitative, durational and permanent. A court may combine the forms in one award.

Continue reading "A Jacksonville, Florida Family Law Lawyer explains the recent Changes to Florida's Alimony Statute" »

A Jewish Israeli man recently broke the country’s record for the highest number of divorces – again. Previously, the record for the most number of divorces for one person was seven. This unnamed man has now been divorced eleven times. He reportedly told the Rabbinical court that he usually divorces his wives after two years and remarries as soon as possible. He appears to be addicted to the “experience” of meeting and courting a new wife.

The man reports that he has never experienced any difficulty in finding a new wife, and he has never paid any alimony or child support, even though he has been ordered to do so. His most recent ex-wife claims that he never worked while they were married, living off of her earnings and running up a large debt. The Rabbis did praise the man for going through all the appropriate religious procedures for getting a divorce, including issuing his wife a Get. He plans to remarry. Find out more about his marriage plans at Record 11th divorce granted to Jewish Israeli man.

Marriage is a serious commitment and divorce is a painful and difficult experience. It is strange and sad that this man takes it so lightly. If you are considering divorce, please contact our firm to discuss your case with a Florida Family Law Attorney.

House Bill 907 was approved and signed by Governor Crist on June 3, 2010. This bill made a number of changes to child support and alimony laws.

Changes:

1. Requires child support awards to end upon the child reaching the age of majority and, where appropriate, to account for revised child support guidelines based on remaining child support owed.
2. Where the parents of a child have a high income, a different standard is applied in order to determine the amount of child support owed.
3. The bill creates a rebuttable presumption that a person can earn minimum wage as well as provides additional criteria for the establishment of an imputed income amount. Imputed income is used when one parent voluntarily quits their job or voluntarily is underemployed. It is used as a tool to better provide for the child.
4. Amends the child support formula; income tax consequences of children and their financial support are not accounted for.
5. A court can now consider a situation where a child support award requires a parent to pay an amount of support that will make that parent fall below the poverty line.
6. Reduces the 40% timesharing threshold for a child support award adjustment based on timesharing to 20%. This way the money follows the child.
7. Provides for the application of a partial payment of alimony similar to how partial payment of child support is applied.

Effects of the proposed changes:

• Termination of Child Support at Majority
o Generally an award for child support ends upon the child reaching the age of 18-years-old. However, an award may be extended in two different circumstances:
i. If the child is dependent upon his or her parents because of a mental or physical disability that existed before the child turned 18.
ii. If the child is still in high school but is expected to graduate at age 19.

• Application of Alimony Payments
o The current laws allow for partial payments of a child support obligation. However, the bill amends the current law to allow for a parallel rule regarding partial payments of alimony
o The bill also provides that interest due on past due support obligations may be enforced like any other support award, like contempt, and provides that interest is not due on the previously established interest.

• Child Support Guidelines Formula – Imputed Income
o Imputed income is what a party should be earning; it is used to determine child support rather than actual income.
o The bill creates a rebuttable presumption that each party can earn a minimum wage on a full time basis. However, this presumption can be proved invalid on a case-by-case basis.
o The minimum imputed income of a parent is the Florida minimum wage (currently $7.25). For any parent that does not reside in the state of Florida, the state’s minimum wage where that parent resides will be used. If a state minimum wage cannot be applied the federal minimum wage will apply (currently $7.25).

• Child Support Guidelines Formula Income Calculation
o The income calculation formula is a formula that calculates the net income of the parents, determines a minimum child support need, and splits that need by the shared parenting plan. This formula determines the amount of child support that is owed by on parent to the other.

An attorney should be contacted if you feel your obligations have been or should be changed as a result of this bill. To read more on this topic see House Bill 907.

Florida divorces do not mean alimony payments. Myths can be cruel to the outside world that is interested in pursuing a divorce. In Florida, there is no such thing as alimony being a certain. Myths such as the following list are created as scare tactics and used to create fear, fear would be having to pay alimony no matter what, fear would also be that you are not entitled to alimony, which is also dependent on Florida divorce law.

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Today's topic of alimony is one that can be multiple sets of blogs, and in fact are on this site in a multitude of areas. It is a large topic because in Florida alimony is controlled by many factors: length of the marriage, contribution to the marriage, status quo of the marriage, education of the parties, and many other small details. Also, there is are different forms of alimony: permanent, lump sum, rehabilitative and bridge the gap.

If you and your spouse have two incomes, equal education and the ability to earn relatively the same income, chances are you will not be receiving nor paying alimony.

If you have been married for 17 years and one spouse has been a homemaker, given up his/her education for the benefit of the other, provided the household support instead of the income, then permanent alimony will most likely be rewarded. Permanent alimony is designed to help keep the spouses in the same lifestyle to which they have grown accustomed, but factors in the sacrifices of both parties. It is difficult to expect a spouse to enter the workforce after 17 plus years of supporting the family or other spouse by being the homemaker. The one sacrificing to stay home should not be punished for the marriage breaking.

If you have been married for less than two years, most likely your divorce will not have an alimony component. Length of the marriage holds a great weight in determining alimony. A short-term marriage, which is technically defined as anything under 10 years, does not often hold alimony. The only form that may come into play in a two year marriage is "bridge-the-gap", which is designed to help a spouse move from married to single life. This is for a set time period, often 6 months to a year.

If you have been married for 10 years, one spouse gave up entry into medical school to support the other's education and now the educated spouse is working and the sacrificing one has been earning lower income or taking care of the home, most likely rehabilitative alimony will be an issue. Rehabilitative alimony is designed to assist in educating or training a spouse so that he/she can reenter the workforce and have a chance to be self supporting.

There are obviously different scenarios for all couples and this is not a blueprint for everything related to alimony. However, it is a basic outline for what to expect in different categories of marriage. If you are thinking about a divorce know the facts not just the myths. It is always a good idea to speak with an attorney trained in family law matters so that you go into the situation armed with knowledge not fear.

Affairs during the marriage matter in a Florida divorce, another common myth tackled by a Jacksonville divorce lawyer. Yesterday, the counseling myth in divorces was discussed. Today, the myth that the affair will bring justice to the innocent spouse will be tackled. This week we will be focusing on the following myths and discuss the truth behind the myths:

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Florida is a no-fault divorce state, which means that the reason for your divorce is not going to make or break any factor in your divorce. If you or your spouse has cheated during the marriage it is typically only an issue of emotions involved, not an actual legal factor in the divorce proceeding. This is due to the legislation enacting a "no fault" divorce law. The only time the issue of Why" will be brought to the court's attention is when you are asked, "Explain to the court why you are asking this court for a divorce?" and all you must answer is "irreconsilable differences."

On a Florida divorce there is a division of assets and debts which are supposed to be equitably divided (50/50). However, if it can be proven that a party used marital funds in furtherance of an extramarital relationship, then the division can be in favor of the innocent party (40/60) or more. In order to get this, it must be shown what types of funds were used and they were actually used to further the affair. In some cases, if a number can be determined, then the innocent party can ask for equitable distribution of the total of the amount used in that relationship. An example would be if it can be proven that $100 was used on the affair, then the innocent spouse would be entitled to $50 of those moneys used, even if they have already been taken from the marital account.

The reason there is an unequitable distribution of assets is so that the innocent spouse is made financially whole since the marital funds were depleted without consent. The idea is to put the innocent spouse in the same position, financially, as would have existed had the other spouse not cheated.

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

The reality is that counseling will be asked of you at the final hearing for your divorce. Typically the Judge will ask, "Have you and your spouse gone through any type of counseling?", if not, then the next question is, "If I ordered counseling do you feel it would change the status of your marriage?" If the answer is, "no," then the Judge does not order marriage counseling. If the answer is, "yes," then welcome to the world of counseling to see if your marriage can be reconciled. This, however, does not dismiss your divorce claim and it does not take you back to step one. It simply puts the case on hold for the length of counseling to determine if reconciliation is possible.

The reason that people often think that it is a requirement in Florida is due to two possible reasons, the first being the question being asked and the second is knowing someone that has opted for counseling that cannot pursue their divorce until counseling has been attempted. It is important to remember that people often talk about what they have been through, but their perception is different due to the emotional charge of the situation. If you are seeking a divorce, be certain to ask an attorney all of your questions and concerns because stopping the fear is essential to moving forward in the right frame of mind.

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?
First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.
The reality is that we, as a socially, are more willing to spend money on the "fun" things in life than the "necessary" things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.
The excitement of waking up without the yelling, concern or heartbreak should be enough to motivate you outside the cost into the thinking about your future. It's not to say that all divorces need to be extremely expensive. What it does mean is that the majority of divorces that will protect your future interests effectively are also not going to a minimum. Think of it as an investment in your future and securing your future in a way that is protected by the Court.
The things you should focus on when hiring an attorney have to do with whether you and your attorney click on how you see your divorce playing out. If you think that you can agree on most things, do not hire someone that tells you not to give in. If you need alimony do not hire an attorney that will not fight for alimony. The reality is that attorneys, like wedding dresses, do come in different styles and you have to find the one that is right for you, not the one that is just priced to your liking.

In a Florida divorce, only marital assets can be divided. Nonmarital assets remain the property of the individual that brought them into the marriage. If you are the beneficiary of funds from a personal injury claim that you had, then the money you get from the claim is yours, unless it has been co-mingled in a marital fund.

Personal injury claims are brought by an individual for individual injuries suffered. A spouse has a right to a claim against the same "at fault" party for what is a consortium claim, meaning the spouse is without the full benefit of his/her spouse as s/he was prior to the injuries. However, this too is an individual claim brought by the spouse.

In Florida divorces, nonmarital assets are those collected as an individual, from an inheritance or claim from outside source (personal injury). The only way the inheritance or the money from your personal injury claim are considered marital is if the money you received was placed into a joint account and/or used in the advancement of the marriage (house repairs, paying off joint debt, etc.).

If you have a pending lawsuit or injury claim at the time you are getting a divorce, it is is important to know that the money from that claim cannot be claimed by the opposing spouse. If the spouse is waiting for you to collect the money before filing for divorce, then place all of the money into a separate account so you can protect your assets.

The same is true if you have an inheritance coming to you. If you believe your spouse is waiting on your rich relative to pass away, then do not worry, the asset you inherit, unless it is in both of your names, is yours and yours alone. Again, be certain to keep it away from martial use if it is money. Items are a little easier to prove as inheritance because they may be used for decoration in the marital home, but that does not change their status as an inheritance.

If you have questions regarding any of this, it is advisable to speak with not only a family law attorney, but a personal injury attorney and/or a wills and estate planning attorney. If you are interested in divorce, know your rights.

Divorce in Florida, especially alimony, could be changed with a flick of a pen by Governor Crist. Alimony is being changed through House Bill 907, which has already passed the House and Senate.

Florida's alimony laws have been under scrutiny for some time because Florida does not have a calculation for amount of payments or length of payments. While a calculation is still not in sight, at least one large and important change is, length of alimony for those in a "grey area." If any of you have ever contacted an attorney about your need for a divorce, then most likely the conversation of alimony has come up.

In Florida, alimony is determined by a number of factors, one of which is the length of a marriage. Short-term alimony can be assessed for marriages less than 10 years and permanent alimony is often awarded when the marriage is 15 years or more. So, what has happened is a "grey area" has come into existence for couples who have been married 10 - 15 years.

Florida House Bill 907 has language that provides for a change in the law so that courts can actually determine the number of years to award alimony for those falling within short-term marriage and the grey area marriage. This will assist both sides because it will relieve some of the stresses of either needing money or paying money. At least now, there will be a definitive timeframe for such payments.

If divorce is on the forefront in your life, meeting with an attorney is crucial when laws are changing. Make sure you know your rights and what to expect in the divorce process.

Florida alimony is due for a facelift and this year's legislation has decided to do the work. Currently, Florida House Bill 907 is sitting on Governor Crist's desk for a signature. What does this mean for those who may receive or pay alimony?
Well the main change will be that "Bridge-the-Gap" alimony, which historically is designed for a determinable (by the Court) period of time to provide for support from married to single life. Now, the time-frame will be defined with a stroke of Governor Crist's pen.
According to the intent of Florida HB 907, "Bridge-the-Gap" alimony will no longer be dependent on issues surrounding the divorce, but simply a two (2) year time frame. This type of support will be available for no more than two (2) years. While some who are recipients of this type of alimony may be cringing as they read, the reality is that this may not be a bad thing for either party. The reason is, if you become too reliant on money that is only there for a short period of time, previously 1 - 5 years, then it will make the inevitable transition that much more difficult. Knowing that you only have, no matter what, 2 years to rehabilitate yourself from married to single life, actually gives you a timeframe to see where you're going and when you need to get there.
The pie in the sky can be a bitter sweet transition in the family law world. However, what about the reality that some individuals may need more education? Well, rehabilitative alimony is getting a few nips and tucks, but it is still going to be an option.
The difference between "Bridge-the-Gap" and "Rehabilitative" is that the first is designed to smooth the transition so that you have additional income to help support your bills until you can get them reduced. The latter, rehabilitative, is designed for the individuals that need just that, rehabilitation into the working world. For some couples, one may not have finished college because s/he was supporting his/her spouse and now to get back into the working world s/he needs to finish school. This may be a two year process or a five year plan, it is dependent on the need and history of the marriage (length, standard of living, educational history, etc.).
Due to possible changes in the Florida law, it is vital that you find out your options from someone qualified to inform you of them. Contact an attorney about when these changes, if signed, will take affect and how they may affect you.

Florida child support is not designed to hurt your bank account. In Florida, child support guidelines use the incomes of the parties with a few credits given: childcare costs (who is paying?) and health insurance (who is paying?).
First, the income of the parties and their percentage to the overall household is how guideline support is determined. For instance, if you W makes $50,000 per year and H makes $50,000 per year, then the combined income is $100,000 per year and each is contributing 50%. So, if the child support calculation is $1000.00, then the parent without the majority of time with the child will pay $500.00.
The cost of child care is factored in, and the person paying gets a 75% credit of the money paid. Therefore, if childcare is $100 per month paid by W, W will get a credit of $75.00. The same is true with insurance payments.
Child support is based on the monthly income of the parties since child support will be paid monthly. Payments can be made on the payroll cycle of the responsible party.
Child support is NOT designed to put money in the other party's pocket. It is actually calculated to provide for a portion of the child's expenses, including but not limited to: a roof, utilities, food, gas in a vehicle to get the child to/from school, clothing, school supplies, shampoo/conditioner and toothpaste. It is everything the child needs and would have if the child's parents were still living in the same home. The child's well-being should not be and is not dependent on a on one-income household simply because the child's parents are no longer together.
If you have questions about child support, establishing or modifying what is owed, you should contact an attorney for a true calculation to be completed on your behalf.

As a Jacksonville, Florida divorce attorney, I recognize the reality that most divorces are never final. If the divorce has the following components: alimony, child support, debt distribution, marital home division, etc., it is likely an issue will arise after the divorce is "over". Your options, if any of the above payments or ordered actions stop, is to file a Motion for Contempt against the other party. However, if you are the payor or the offending party and the reason you have ceased action per the court order is for reasons outside your control (loss of employment, injury, etc.), then you have the option to file a Supplemental Petition to Modify the prior order.
Contempt is when one is voluntarily not complying with a court order. If the individual is found in contempt, the non-offending party can ask for attorney fees and costs be paid by the one in contempt. Also, if the party is held in contempt fines can be assessed and, depending on the severity, jail time can be ordered.
Modification of an order is when one's circumstances have involuntarily and substantially changed. In today's economy modifications are prevalent. In Florida, child support is simply a statutory calculation based on the incomes of the parties. If the income of one party has been decreased or increased by more than 15%, then that is a substantial change and a petition for modification should be filed.
Do not become the victim of circumstance, take a proactive approach and modify your divorce order before you are held in contempt. If you have been the receiving end of someone not complying with a court order or you are experiencing a change in your circumstance that could lead to a modification, do not hesitate to look into your options. Attorneys can help explain your rights and the best course of action for you to take.

Florida has not recognized Common Law Marriage since 1968. In 1960, only 460,000 couples identified themselves as living together without marriage, according to CBS News. In 2007, USA Today reported that 6.4 million people were living as a couple out of wedlock.
In Florida, if you are living with your significant other and share a house payment, vehicles and debt, then there are options for you. The best thing to do is speak with a lawyer about protecting yourself from what could be a disaster if things do not end-up happily ever after.
If you previously lived in a state that recognizes Common Law Marriage, of which there are only 11, then Florida still recognizes your status as "married." However, for those of you entering into a "moving in together" portion of your relationship, be certain to speak with someone about protecting yourself and your partner from future disaster. None of us want to think the worse of our partners, but at least if a marriage does not work you have the law to protect you from all debt falling on you. Until the State of Florida decides this is a growing matter that needs to be addressed, options are the key to your future success and your present comfort.

Larry King filed for his eighth divorce last week. In his petition for divorce, he requested joint custody of the children. Wife, Shaun Southwick, filed a counter-petition requesting full custody of the children, child support and alimony.

A petition for divorce is one that lays out the reasons for the divorce, which are often summarized as "irreconcilable differences." The petition is also where one addresses their needs from the outcome of the divorce: alimony, child support, division of property. In order for both parties to have their needs heard by the Court, often, the party originally served with the petition will file a counter-petition, which lays out their needs and wants. That is how the Larry King divorce has two filings in one case.

In their upcoming battle, the Court and the parties will have to determine the basis for all of the requests made in both of their petitions. Simply by asking for the sun, moon and stars does not equal delivery of the same. Shawn Southwick will be required to show evidence as to why Larry King does not deserve equal timesharing with their children. She will also have to show why she is entitled to alimony and whether that should be offset by the alimony she is requesting. Typically, alimony is considered an income and child support is based on the incomes of the parties.
As this plays out, the Larry and Shawn have a number of things to work out and hopefully the children will not be the losers behind this eighth inning.

The question of alimony has no easy answer. In Florida, alimony depends on a number of factors. In a Florida divorce the court may grant alimony that is rehabilitative or permanent in nature. Alimony payments may be in the form of lump sum, periodic payments, or a combination of both. The adultery of either spouse in a divorce may be considered if marital assets were dissipated in furtherance of that realtionship.

Some of the factors to be considered by the court in awarding alimony are:

1) The standard of living established during the marriage;

2) Length of the marriage;

3) Age, mental, and physical condition of the parties;

4) The parties' financial resources as well as the assets and debts that each has acquired;

5) If the spouse is able to gain education or training to find a job and the amount of time it will take to get back on their feet;

6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

7) All sources of income available to either party.

Unlike child support, alimony is not automatically awarded. The factors listed above will be considered by the court before awarding alimony to either spouse. In the current economic climate, the ability of either spouse to pay the other alimony is one of the biggest contested issues in a modern day divorce.

Many couples barely have the ability to pay each other child support, let alone alimony, after they equitably distribute their assets and debts. It is often the case that no alimony will be awarded in Florida because of the significant amount of debt acquired by the parties during the marriage. It takes an experienced Florida Family Law Attorney to evaluate your case and help you determine if you will be able to get alimony. If you have questions about a Florida Divorce, call a Florida Family Law Attorney.

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn's sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at temporary relief hearing. If either of the parties fail to provide the required information, the court may dismiss the case or not consider the requests of the non-compliant party. Both parties to the divorce or the court can change these requirements, except for the financial affidavit, which is mandatory if financial relief is sought in the case.

Couples may agree on all terms before or soon after the initial petition is filed, in which case they sign a written agreement which is presented to the court. In these uncontested cases, the divorce can be made final in just a few weeks. If the parties cannot agree, they may be required to seek mediation and may end up in a trial before a judge.

The more a couple can agree on, the easier the process is for them and for any children involved. Find out more about regular dissolution of marriage in Florida at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.

Financial dependence is not a good reason to stay in a loveless marriage. There are other options:

• Credit counseling can help couples or individuals set up a payment plan with a lower interest rate for consumer debt.
• Mortgage refinancing, if it is an option, can help lower both your debt obligation and your monthly payments.
• Short selling your home is another option for getting out from under an upside down home mortgage and starting with a clean slate.
• Bankruptcy, either chapter thirteen or chapter seven, may be an option that could save your home and clear your debt obligations.

If you are afraid to file for divorce simply for financial reasons, it may be best to discuss your options with a family law attorney. Get more tips and advice for handling your finances after divorce at SEEKING A DIVORCE AND FINANCIAL INDEPENDENCE IN A DOWN ECONOMY.

If you are considering filing for divorce, please contact our Jacksonville, Florida divorce law firm.

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

The actual divorce process is an emotionally trying time for the parties involved. Floridians often do not know their rights and responsibilities in a divorce. While court clerks and judges can answer some questions, they are prohibited by law from giving legal advice.

A Florida family law attorney can answer your legal questions and advise you on your rights, your children’s rights, your property rights, your responsibilities and even your tax liabilities during a divorce.

Before filing for a dissolution of marriage, it is prudent to make sure that you have tried as hard as you can to save your marriage. Professional marriage counselors can help you and your spouse work out your difficulties and make your marriage stronger than ever. Many Florida communities and religious organizations offer free or inexpensive counseling services to help save your marriage. Your lawyer can also recommend a qualified professional in your area. Find out more about this topic at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

It is probably also a good idea not to start your home search until you are aware of the total child support, alimony, and debt payments you will be required to pay or be entitled to receive. Read more tips for purchasing a home during a divorce at Buy a New Home During Divorce.

If you are involved in a divorce, please contact our Jacksonville, Florida law firm for legal counsel.

Benny Hinn is a world famous televangelist and perhaps one of the best known “prosperity gospel” advocates on television. Prosperity Gospel leaders teach their followers that belief in God will be rewarded with material wealth. Hinn’s Pentecostal broadcasts are seen and heard by millions daily.

Recently his wife of thirty years, Suzanne Hinn, filed for divorce from her husband, citing irreconcilable differences. The court filing did not bring up finances, but Hinn’s ministry is believed to be a multi-million dollar operation. The couple reportedly own three homes in Southern California.

Hinn’s finances have already been under scrutiny by Iowa Republican Senator Charles Grassley of the Senate Banking Committee. Grassley is looking into whether or not Hinn and other wealthy televangelists have complied with non-profit tax rules. Hinn maintains that he is in complete compliance with IRS regulations and that eighty eight percent of the money he raises goes to church causes.

The Pentecostal community has suffered a number of public divorces and moral failings by its public leaders in recent years, and Hinn’s followers are likely to look for a meaningful, public explanation for the couple’s divorce. You can read more about the public divorce of Prosperity Gospel televangelist Benny Hinn at Wife of televangelist Benny Hinn files for divorce.

If you are divorcing your spouse, please contact our Jacksonville, Florida law firm for legal counsel.

Former Model and Dancing with the Stars contestant Heather Mills and musician Paul McCartney have failed to reach a settlement in their long and bitter divorce. That means the British celebrity couple will likely end up in a public courtroom battle before a judge. A source close to the couple reported that all attempts to settle have been exhausted and the couple will not meet again until their court hearing.

The main reason the two failed to reach a settlement is reported to be Ms. Mills’ reluctance to agree to a confidentiality clause that would prevent her from speaking publicly about her marriage to the former Beatle. Sources say that Ms. Mills would like to write a book about her marriage. She would also like to retain the right to defend herself against public attacks concerning her marriage and divorce.

Reportedly, McCartney offered Ms. Mills over $100 million if she would sign the confidentiality agreement. She countered by saying she would accept a $15 million lower settlement without signing the agreement.

If the divorce goes to court, the judge will make a settlement order, which may be appealed. The settlement is expected to be one of the largest in UK history. The two are being represented by the same divorce attorneys who handled the divorce of Princess Diana and Prince Charles over ten years ago. You can read more details of this celebrity divorce at Money can't buy McCartney silence.

If you are considering divorce, please contact our Jacksonville, Florida law firm for legal counsel.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

Permanent periodic alimony: This is awarded if one of the parties requires indefinite support, and is generally awarded for longer marriages. The support usually lasts until the death of one of the parties or until the person receiving the support remarries or is living with someone who contributes financially to the relationship.

Rehabilitative alimony: This is requested if one of the spouses needs time to acquire new job skills or education. This type of alimony requires a specific plan.

Lump sum alimony: This is one large payment, which may be money, the marital home or other martial assets. The court will usually award this type of alimony if there is extreme hostility between the divorcing parties or if one of the parties is terminally ill.

Read the entire article at Florida Family Law: Alimony/Spousal Support.

If you have any questions about the type of alimony you may be entitled to in a divorce, please contact our firm for expert divorce law counsel.

If you are considering a divorce, you may be entitled to, or you may be ordered to pay spousal support to your former spouse. What does that mean? Spousal support, also referred to as alimony, is money paid to one spouse by the other in order to support the first spouse’s lifestyle after the divorce.It is completely separate from child support. Alimony is only ordered in about ten percent of divorce cases. Permanent alimony awards are largely a thing of the past; most courts will only award temporary spousal support, lasting from a few months to a few years.

While different states have different laws when it comes to alimony, it is usually awarded to a person who did not work outside the home during a marriage. Most states require the potential recipient to demonstrate financial need. Those with savings or assets sufficient to support themselves will generally not receive alimony. Prenuptial agreements may also spell out what spousal support will be awarded.

Federal law requires equal consideration for both men and women when awarding spousal support, but women have largely been the recipients of spousal support after a divorce, mainly because the majority of non-working spouses have traditionally been women. But there is nothing stopping a stay-at-home husband from collecting alimony in a divorce settlement.

Divorce is difficult, both emotionally and financially. Spousal support can make life a little easier for someone who has been out of the workforce for awhile. If you believe you are entitled to spousal support, or if you have been ordered to pay spousal support, you will need the help of an accomplished family law attorney. Please contact our firm for expert legal help.

Find out more about spousal support / alimony at What is Spousal Support?

TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention.

Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace looks for a new husband. Ms. Eustace declined, and instead is launching her own reality show, which will help women in midlife reinvent themselves after divorce. And she has written a book to tell the world about the pains of her divorce; the book is entitled Divorce Sucks: What to Do When Irreconcilable Differences, Lawyer Fees and Your Ex's Hollywood Wife Make you Miserable.

In the book she talks about the divorce and her reaction to it, which has included getting over the betrayal of her husband and making more time for herself. You can read more about the new book at Life after divorce: Mary Jo Eustace enjoys her second act.

Divorce is very hard emotionally for all parties. Many people going through a divorce , especially those left for another person, are filled with anger and sadness caused by the actions of their former partner. Ms. Eustace’s book shows that, while divorce is difficult, it may the answer to a happier life. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Kate Gosselin, mother of the eight children featured in the TLC reality show, “Jon & Kate Plus 8” has been going through a very public divorce from her husband, Jon Gosselin. On a recent episode of the show, she answered questions from viewers, including whether or not she feels she would like to marry again in the future. Her answer was “I don't know, I really don't want to be married again, but I don't want to be alone. The alone-ness is really alone.”

Many people who go through a divorce feel the same way as Ms. Gosselin. Divorce is very hard emotionally for all parties. A divorce can feel very similar to the death of a loved one, and people need to allow themselves time to heal emotionally. But for many people, divorce is not the end but the beginning of their new, healthier life. And that may very well include a new romance.

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

Movie stars, millionaires and other VIPs work very hard to keep their personal details private – especially when it comes to divorce. They claim they have a greater need for concern about identity theft. For business executives, the business itself can intervene to protect confidential company information that might come out in the divorce. Of course, news organizations are fighting to keep everything in the public domain. The controversy pits privacy against the first amendment.

Certainly the same concerns exist for non-famous wealthy couples, who may want to keep their financial documents and dirty laundry out of the public domain. There are ways to keep the divorce settlement confidential in Florida, and we are a law firm that knows the ins and outs of accomplishing the goal of confidentiality in Florida for high end divorce settlements.

If you are considering divorce, and want to keep the details private, contact our firm for expert legal counsel.

Find out more about this topic at Rich, famous push for secrecy in divorce.

Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Military Law and 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.

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.

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

Florida law provides for permanent alimony when certain statutory factors are met however, in the end, it's still up to a Judge. Having said that, the length of the marriage is one factor the Courts look to in determining permanent alimony. Usually if the marriage is 10 years or fewer, the courts consider this a short-term marriage and there is a presumption against permanent alimony. If the marriage is 11-16 years, the courts deem this as a "gray area" length of marriage with no presumption either way for or against alimony. A marriage of 17 or more years is considered by the courts to be long-term with a presumption in favor of permanent alimony. However, the requesting spouse has to show a need for the support and the other spouse has to show an ability to pay it. On July 29, 2009, the Florida 3rd DCA stated that there is a strong factor support permanent alimony where a spouse remained home caring for the family rather than purusing a career for a significant period of time. If you need help with a dissolution, alimony, child support, child custody, relocation or equitable distribution issue, please call our firm at 904-355-8888.

By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
- Child support is a calculation mandated by Florida Statute 61.30 and is based on the net income of the parties as a whole and the individual's percentage of that whole. There are things taken into the calculation consideration such as mandatory retirement and union dues, insurance costs of the child(ren) and day care costs for the child(ren). There can be considerations given for special needs or circumstances, but typically the calculated number will be the actual child support to be paid.

2. Which parent will get the child(ren)?
- The court can look at the history of the family unit, to which parent will be more likely to provide for the child's needs, etc. Ultimately the decision is based on the best interest of the child. While the Courts should look solely to the factors impacting the child, sadly there are still biases that sometimes remain, but those can be defeated under the right set of circumstances.

3. How often will I see my child?
- In Jacksonville, we have 4th Judicial Circuit Time Sharing Guidelines, which sets up the minimum amount of visitation. Each circuit is different, but many have the same concepts in place. Basically, the guidelines set-up alternating weekends, one night per week for dinner, and alternating holidays. Summer timesharing is often switched.

Written By: Lenorae C. Atter, Family Law Attorney
latter@woodatter.com

1. In a divorce, who gets the home?
- The marital home is a marital asset and is subject to equitable distribution or the assets being divided equally. However, if there are minor children, then typically the party who has the majority of the time with the children will get the home until the children reach the age of 18. If there are no children, one party may force the sale and the proceeds be split equally.

2. What if nonmarital money was put into home?
- If one party put money down on the home that was nonmarital (obtained prior to the marriage ex. sale of prior home), then the nonmarital amount is credited to that party and the remaining equity is split 50/50.

3. Why do I have to pay alimony or spousal support?
- You create it, you support it. Now, there a number of factors that go into this determination of support: length of the marriage, marital history, educational backgrounds, work history, need, etc.

4. How much will I have to pay in alimony?
- Florida does not have an alimony calculator like some states. The Court and attorneys typically have a formula that is based on need, length of the marriage, ability for the party to provide for him/herself, educational background, work history, etc.

5. Do I have to pay alimony or spousal support if my ex moves in with someone?
- No. Cohabitation of a party receiving support is a statutory basis for terminating the spousal support. The ex does not have to remarry, you simply ask for the a modification or termination from the court based on the fact that your ex is receiving support from someone else in the form of a roommate.

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

Recently I represented a woman in a divorce action in Jacksonville, Duval County, Florida, in a 13 year marriage. The woman did not work throughout the marriage but she did have a college degree and had worked prior to the marriage. She was a candidate for alimony but what type? Florida has basically 3 types of alimony that are permanent, rehabilitative and bridge the gap. Florida deems 13 years in a marriage a "gray area" marriage where the court COULD award permanent alimony depending on many other factors. Normally the duration of rehabilitative alimony is 3 to 5 years at the most and bridge the gap alimony is for bridging the gap between married life and single life. We were able to get our client an award of rehabilitative alimony for a duration of ten (10) years which is an excellent result for protecting our client's financial future post divorce. If you need help with a divorce or with protecting your financial future after divorce, please call our firm for expert advice and help.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Jacksonville, Florida, as a family law and divorce lawyer, I represent a number of individuals who have been or are in the military. Military family law differs in that many different amounts of income are factored in for purposes of child support and alimony. In addition, retirement is based on the military's determination of years in plus points earned during the time served in the Reserves.
In order to best determine the rights you and your children have while dealing with a military family case, it is best to speak with a lawyer that is familiar with all aspects of the system. BAH and BAS do change, but child support still factors those in. In addition, since some of the benefits are based on marriage and children, the military actually has some control until a civil court determines the actual amounts to go to the other party.

Written By: Lenorae Atter, Florida Family Law Attorney
latter@woodatter.com

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
This matter may arise if the parties that are divorcing disagree on the grandparents having visitation, or if one of the parents is deployed, incarcerated or otherwise not allowed visitation with the children. The primary residential parent would be the decision maker for the children in that scenario. Therefore, that parent can determine with the grandparents will actually get any form of visitation with the children. As grandparents, it is best to keep a good relationship with your own child and your child's spouse/exspouse in order to preserve a relationship with your grandchildren.

On Father's Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize "no fault divorce". However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford's actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford's visitation will be.

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

When people are in the process of divorce, a lot of times there is a question as to which bills get paid and by whom. If, during the pendency of the divorce, the Husband has possession of the marital home and is paying the mortgage on the home, the courts have said that the Husband should get credits for servicing the mortgage during the parties' separation before the divorce was final. In Parks v. Parks, heard in January 2009, the Second District Court of Appeal upheld this notion and ruled that reimbursements or credits for a party's payment of marital property-related expenses during the separation can be considered for credits by the court. So, if a party uses a marital asset out of necessity, such as taking out a loan on a joint home equity line of credit, during the separation, should that party be punished? It appears that absent a finding of misconduct and if the asset is used for reasonable living expenses, that it will not be held against the party using the asset at the final divorce proceeding. Is this fair and equitable? Let me hear from you. If you have a question about temporary support credits, please call our firm at 904-355-8888.

Presently, when dealing with alimony and support in a divorce in these tough economic times, the husband and wife can both be in a difficult place financially when going through the divorce process. Since alimony in Jacksonville, Duval County, Florida and all counties in Florida are based on need and ability to pay, it has become more common to have the usual bread-winning spouse (the Husband) earning significantly less or being unemployed altogether. This makes the second prong of alimony, the ability to pay, unrealized. Thus, the Wife gets no alimony. However, there is now a caveat to that assumption. The Florida Second District Court of Appeal in its decision in Eisemann v. Eisemann in March 2009, says that if the Wife wants to take a shot at more alimony after the divorce proceedings are final, and the Husband has gotten back on his feet and is earning more income, she can if she puts in the final judgment of the divorce that the Wife had greater needs which the husband could not meet at the time of the final judgment AND that the Wife was thus awarded a lower alimony amount. If this sentence is in the final divorce decree then the Wie can possibly get more alimony later even without meeting the usual requirement of having significantly greater needs. If you have an alimony question, please call our firm at 904-355-8888. We look forward to helping you.

Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.
Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don't think children should be the victim of their parents' inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It's the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.
For those of you who are skeptics, I promise it works. It brings in the two sides, but it also incorporates a neutral mental health professional, financial advisor (if needed), mental health therapists for both sides (if needed), and mental health therapists for the children (if needed). It's a way for constant fighting to be put to a halt so that you can learn to communicate, since like it or not, you are going to have issues arise during your life and the life of your children and why not figure out how to work through those than just agree to disagree for the next 80 years. Who needs the stress?

Florida Statutes 61.08http://"target=_blank"governs the factors the courts can use to determine an award of alimony in Florida. However, in Florida, there is no formula for calculating the amount of alimony that could be awarded to any party like there is in calculating a child support obligation.
The main factors considered are the following:
1. The length of the marriage.
2. The contribution of the parties in the marriage
(a) Did one party give up their career or education for the benefit of the other?
(b) Was one party the primary source of income?
(c) Was one party the caretaker?
3. Does the party seeking alimony have the ability to maintain the same lifestyle as a single as s(he) did during the marriage?

The courts must use only the factors set forth in the above statute so it is important when choosing a divorce attorney in Florida to choose a lawyer who is familiar with the above factors and can apply the factors to the specific facts of your case.

In Jacksonville, Florida, like the rest of the nation, parties are finding it difficult to make the final split and afford a divorce attorney to deal with important issues. Issues that can arise in a Florida Divorce are: the dvision of assets and debts; calculating alimony; child support payments; child custody; domestic abuse; and the valuation and division of the family business.
Some suggestions in divorcing in a bad economy include finding a divorce attorney in Jacksonville, Florida who will work with you on attorney's fee payments, who will provide a free consultation or who may engage in a limited appearance on your behalf to draft and file your pleadings or to serve subpoenas or summonses. There are many creative ways to secure a good divorce or family law attorney in Florida in the waning economy. Be certain to inquire about ways to ease the payment and the process when speaking with a family law attorney.
Divorces can get expensive, but they don't necessarily have to. Be savvy and ask questions. This is a great time to buy a house or a car. Shop for a divorce attorney in the same way as you would those items. You will not be disappointed when you get the same good deal.

Jacksonville, Florida and the rest of the country are feeling the stress of the economy. Times are tough, which makes people scared and angry. Domestic violence and tempers are on the rise in Jacksonville, Florida, and all across the nation. But it isn't necessarily men who are doing all of the battering. More and more men are becoming victims of domestic violence and they are no longer taking it "like a man". When anyone experiences violence against his/her person, it is imperative to seek help immediately. Whether that help comes in the immediate form of calling the police or subsequent to the abuse in fleeing to a domestic violence center , a hotel, or to an attorney, help is essential.

Ron Artest, Former Indiana Pacers star, was beaten and abused by his girlfriend when she struck him in the head. Artest called the police and the girlfriend was arrested. Many times men are afraid to call the police for help as the stereotype is to arrest the man when a domestic situation occurs. Men need to be encouraged to seek help whenever domestic violence is perpetrated against them.

In Florida, an injunction for protection against domestic violence can be issued and/or criminal charges can be filed against the batterer. There are provisions for protection for all and that protection should be sought before taking the law into your own hands.

As a Jacksonville, Florida family law attorney, I have not had the privilege of seeing a case involving $100 million in assets plus alimony in the amount of $130,000 per month. While most of us would think this ridiculous, the truth is that in a Florida divorce the assets are divided 50/50 and alimony is provided under certain provisions.
Marie Douglas-David is divorcing her CEO husband, George David, and in return she is asking for a little less than half his money, a mere a $100 million. In addition, she is requesting alimony of $130,000 per month. While this divorce is causing quite a buzz in the media, in Florida, the actual lifestyle of the couple would be considered and Mrs. Douglas-David is entitled to maintain her lavish lifestyle. The problem is that she signed a post-nuptial agreement that limits her money to $38 million. While all of these numbers are excessive and most of us would be content with the $38 million the truth is that Mr. David is actually worth $329 million and in a Florida divorce (IF the post-nuptial was not valid) Mrs. Douglas-David would be entitled to on half, making her portion $164.5 million, so she's actually letting her husband save over $60 million.
In Florida, post-nuptials are valid. Post-nuptials are entered after the marriage of the parties. It is basically a way for the parties to protect themselves after the marriage commences and the signing party must be informed of all assets. Full disclosure is necessary to make the agreement valid, because otherwise the signing party does not know exactly what they are entitled to receive without the postnuptial.
Postnuptial agreements are less frowned upon than prenuptial agreements because you're not entering into it with the idea that you won't get married unless it's signed. It takes the pressure off both parties, but still protects both parties if anything were to happen to the marriage.

In Florida divorces involving alimony, several elements must be met for alimony to be awarded. The Florida Statute regarding alimony sets out 5 types of different alimony available so that different levels of support may be granted. In Florida, alimony can come in the following forms:
1.Permanent: which is self explanatory, but does have limitations for future changes.
2. Lump Sum: basically getting a large amount either at one time or over the course of years.
3. Temporary: again, self explanatory.
4. Rehabilitative: This is used when one spouse has put their career or education on hold, or is need of further training, education, etc. to get a job or a higher paying position.
5. Bridge the Gap: This is designed to provide support from married life to single life and the transitions that one goes through during that time.

Continue reading "Florida Divorce: Alimony & Spousal Support " »

As a Florida divorce attorney, one sees many reasons that people reach divorce. Often, unhappiness describes the general mood of your marriage and you know that divorce is the only answer, its time to get your game face on and start thinking like a business person.
If you haven't given much thought to your finances because your spouse handles them, start looking at them. You need to know what expenses you have and what assets you have.

A Georgia lawyer who personally dealt with divorce and a certified financial planner founded the Institute for Certified Divorce Planners. They offer financial survival tips for the transition from married life to single life. It's not a "stick-it-to-your-spouse" moment, it's a "get a grip" momemnt. They make suggestions for what to do before the papers are filed, with the goal of easing the financial impact of the transition from wedlock to singlehood

Continue reading "It's Prep Time for a Florida Divorce" »

In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.
You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to "take him for all he's worth" or "destroy her", its the lawyer's responsibility to provide a workable solution especially if there are children involved.
The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.
This is not to say that nasty divorce cases are a thing of the past. Not so. In Florida Family, the areas of custody and parenting issues are the highest contested disputes, followed by spousal support and division of retirement accounts.
Due to the new Parenting Statute that went into effect October 1, 2008, the issue of shared parenting should help reduce custody litigation. Nonetheless, the level of resentment the parties may have for one another can drastically affect both the tone and the strife of divorce proceedings.
In the end, there is usually never a true "winner" in a divorce proceeding because of the emotionalism of the area of law. However, your lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a lawyer who doesn't create roadblocks to settling just so he/she can pay his mortgage by billing you. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit.

Navigating your way through unchartered divorce territory can lead to trouble. Often, paying for a divorce can be difficult, especially when one of you makes little to no money. Normally, one spouse ends up footing the bill and incurring extra expenses while the other spouse pays for very little. What can you do when you're waiting for the divorce to be finalized??? TEMPORARY NEEDS HEARING is the answer!

In a temporary needs hearing, a judge will look at each party's income to debt ratio and order a temporary spousal support, child support and marital debt payments. The temporary needs hearing is probably the most important hearing during the dissolution process before finalization occurs. It helps to set the tone for the rest of the divorce process and it also identifies the responsibilities of each party regarding the marital liabilities.

In Florida, rising tides of economic instability play a dramatic role in divorce. During their pending divorce, couples are remaining under the same roof due to the housing market. Divorce lawyers recognize that the marital home has transformed from an asset to a liability. However, the idea of splitting the debt associated with the home can be very appealing.

Divorce is affected by the economy because it plays a roled in factoring spousal support, debt division, living arrangements and tax consequences of the parties. In a Florida divorce, the parties assets and liabilities are divided equally, the marital home is the major asset in most cases. The slow market has created difficulties for the parties because most of the time, the marital home has not sold by the time the divorce is being finalized. With difficult time, often there are difficult questions, divorce is no different. Questions range from: Who is going to be responsible for the mortgage? to Who gets to live in the home while it is on the market? Hard times need creative solutions,just as Congress, and divorce lawyers can help divorcing parties navigate through the muddy waters of the present market.

In Florida, when couples divorce they often seek alimony. The economic situation is now leading to bankruptcy as a common divorce issue. If the filing former spouse has an alimony obligation, the question becomes, is that obligation dischargeable in the bankruptcy? Dischargeable bankruptcy debts are outline in United States Code, Title 11, Chapter 13. The old version of the law stated that the alimony obligation was not dischargeable unless the payor did not have the ability to pay the debt and the discharge benefit to the payor out-weighed the harm to the spouse receiving the alimony. That is not the case anymore in Florida. The new section maintains that debts such as alimony to a former spouse or spouse on a temporary basis in the course of a divorce cannot be discharged at all. So this means that if you have an alimony obligation or are receiving alimony, the alimony obligation cannot be discharged in a bankruptcy action. These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

Written by Whitney R. Lonker
Wood, Atter & Wolf, P.A.

Super Bowl XLIII was played in Tampa, Florida, but real-life drama unfolded on the televisions across the Tucson-area Sunday night. Tuning into watch the biggest game of the year amounted to viewing a lot more for Comcast viewers. During a portion of the Steelers v. Cardinals game, the game was interrupted with a 30-second clip of adult content and many saw full male nudity. While this incident is most likely the cause of “malicious acts,” pornography and football comes up in Florida divorces regularly.

Florida is a “no-fault” divorce state, but using money to purchase pornography, place bets on football (Super Bowl XLII), or have extramarital relationships can really come back with a vengeance. Thankfully, the men and women tuning in on Sunday will not be accused of such behavior for their brief encounter with a "malicious act" at the cable company.

Written By: Lenorae Atter
Family Law Attorney

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

Continue reading "A Florida Divorce Makes Yankee Fans Happy" »

Florida Statute 61.08 provides the rules for receiving alimony. However, only the courts and many lawsuits have created the boundaries for what are considered short-term and long-term marriages. As such, many people feel that if they are married and their spouse provided for them, then they are entitled to alimony in some capacity.

If you have ever dealt with child support issues or other family law matters, then you may know that the amount in child support is determined by a calculation and the numbers don't really change one way or another because it's really a black and white issue. However, that is not true with alimony, and there are many factors that can be considered. However, the focus here is not in the aspect of determining whether you'll receive alimony, but just to clarify a few terms that you probably could not find on your own.

In first determining alimony, your legal representative and/or the court will evaluate the length of the marriage. In Florida, a long-term marriage is considered anything over 15 years of marriage and a short-term marriage is anything up to 10 years. Many people fall within a gray area, which the court has the right to use its discretion in determining and that is the 11-15 year marriages. It is important to realize that the court does have discretion to rule in accordance with the lifestyle of the parties, the work dynamic of the parties, and many other aspects. Also, since Florida does not recognize an equation for the process, often each judge has his/her own way of determining how, if any, alimony should be determined.

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a "hired gun" because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

In Florida, the law recognizes certain items as premarital assets and in a divorce those items typically remain with the person that brought them in. Engagement rings are always a question for clients because one party paid for the ring and one has been wearing the ring, so to whom does it belong?

If you received an engagement ring but did not go through with the marriage, then the ring is normally returned. However, if you received the ring, went down the aisle and were married, then that ring now has a place with the wife regardless of payment being made by the husband. The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage. The value of the ring, given that it is premarital, does not go into the pot of the value of the couple's assets. Therefore, if the ring is worth $20,000 and was a family heirloom of the husband, as was the issue in a recent Florida case, the court must still find the ring as nonmarital property and will go to the Wife.

Like trends that begin in Paris, Florida law is sometimes influenced by other states. In New York, a contested divorce is pending between a Long Island, New York doctor (Dr. Richard Batista) and his wife.

A Long Island doctor whose wife dumped him for her physical therapist after he gave her his kidney is suing the mother of three for the $1.5 million that he claims the organ is worth. Having donated his kidney to save his wife's life in 2001, Mr. Batista feels he is owed compensation for his selfless act.
According to the story reported on Fox News, this is the first of its kind in New York. However, the idea is not so out of the ordinary for many spouses who have provided life through their own body part donations or supported their spouse through tedious treatments and doctor appointments. The concept of compensation for supporting life, when they have been betrayed by the donor is one we will most likely see arise in the future here in Florida.
Here, the New York man, nor his attorney, determined the figure. Instead, the use of a medical expert reviewed the information and determined a value for the body part. While Florida Statutes do not raise this for divorce actions, there is nothing in the law that stops an individual from seeking compensation through a civil suit.

Social networking sites like Face Book, My Space and others provide for a good support system for friends and family. When people are feeling down and need a friend or just are bored, they go to Face Book and My Space to read and posts their thoughts, feelings and activities. Friendships and activities posted on the web can come back to haunt you in a Family Law cases. People are often times foolish when they are online. They think that they are invisible when in fact the whole worlds can see what they are doing. There have been cases where people have been caught in marital affairs and even criminal activities through posts at Face Book, My Space and You Tube. On the flip side, these sites can be a wealth of information for those trying to find out more information about a person, business, and yes a spouse involved in a legal matter.

At Wood, Atter & Wolf, we have searched through My Space and Face Book in the past to find out information on the other side and (yes) our clients. Be careful what you posts out there in cyberspace. The whole world is watching and paying attention. One day, a Judge may even read your entries and information to determine an important legal issue on a case.