Viewing entries tagged
Florida divorce

Florida divorce: Status quo for company credit cards

Florida divorce: Status quo for company credit cards

Posted by Nydia Streets of Streets Law in Florida Divorce

In many Florida courts, parties to a divorce case are subject to a status quo order. This order may prohibit a spouse from cancelling the other spouse’s account access or use. The goal is to maintain the status quo until there is a court order or agreement stating otherwise so spouses do not worry about necessities such as utilities and health insurance being disrupted. Use of a credit card was an issue in the case Scott v. Scott, 5D23-2257 (Fla. 5th DCA December 1, 2023).

Florida divorce: determining pre-judgment interest on an equalizing payment

Florida divorce: determining pre-judgment interest on an equalizing payment

Posted by Nydia Streets of Streets Law in Florida Divorce

When a former spouse fails to pay an equalizing payment ordered or agreed-upon as part of equitable distribution, interest may be added to the principal amount owed. Does this interest accrue from the date of the judgment or the date the payment is due? What is the percentage rate of the interest to be paid? These were issues in the case Robertson v. Robertson, 4D22-1769 (Fla. 4th DCA August 2, 2023).

Determining active appreciation in a Florida divorce

Determining active appreciation in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

What is active appreciation, and how does it affect equitable distribution in a Florida divorce case? Active appreciation is an increase in value of an asset due to the efforts of a spouse. An example of this would be a stock account - while the stock account may be non-marital, if a spouse actively trades on the account or makes more than ministerial effort to increase the value of the account, the increase in value of the account might be considered active appreciation which is subject to distribution between divorcing spouses. This was an issue in the case Naranjo v. Ochoa, 4D21-3084 (Fla. 4th DCA July 5, 2023).

Classification of assets and debts in a Florida divorce

Classification of assets and debts in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

When a party disputes that an asset acquired during the marriage is marital or jointly-owned property, it is that party’s burden to prove the non-marital nature of the asset. Assets acquired during the marriage are otherwise presumed to be marital despite whose name is titled on the asset. This was an issue in the case Douglas v. Douglas, 4D22-1144 (Fla. 4th DCA June 7, 2023).

Florida divorce: The burden of proof for establishing non-marital debt

Florida divorce: The burden of proof for establishing non-marital debt

Posted by Nydia Streets of Streets Law in Florida Divorce

What is considered a marital debt? According to the Florida Statutes, “All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities.” Fla. Sta. 61.075(8). “The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” Fla. Stat. 61.075(7). This was an issue in the case Reese v. Reese, 6D23-201 (Fla. 6th DCA May 12, 2023).

Florida divorce: appealing a motion for stay

Florida divorce: appealing a motion for stay

Posted by Nydia Streets of Streets Law in Florida Divorce

What is a motion for stay in a Florida family law case? This is a motion that asks the court to pause the case. Sometimes this is necessary to address an issue that is preventing a party from fully participating in the case such as health issues. If a party disagrees with a judge’s decision to stay a case, they may be able to have this issue reviewed by the appellate court as was the case in Williams v. Williams, 5D23-478 (Fla. 5th DCA May 1, 2023).

Florida divorce: time limit on refinancing the marital home

Florida divorce: time limit on refinancing the marital home

Posted by Nydia Streets of Streets Law in Florida Divorce

When one spouse is awarded the marital home in a Florida divorce, the court may require that spouse to refinance to remove the other spouse from the note and/or mortgage. How long does the spouse have to refinance? This was an issue in the case Viera v. Viera, 3D21-1459 (Fla. 3d DCA April 26, 2023).

Awarding alimony in a Florida divorce that leaves payor with less income than the recipient

Awarding alimony in a Florida divorce that leaves payor with less income than the recipient

Posted by Nydia Streets of Streets Law in Florida Divorce

In Florida, an alimony award is based on need and ability to pay - the need of the spouse asking for alimony and the ability of the other spouse to pay it. There is no calculator for alimony like there is for child support in Florida. According to the Florida Statutes, “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. 61.08(9). This was an issue in the case Tucker v. Tucker, 4D22-1891 (Fla. 4th DCA April 19, 2023).

Florida divorce: treating stock options and bonuses as income versus assets

Florida divorce: treating stock options and bonuses as income versus assets

Posted by Nydia Streets of Streets Law in Florida Divorce

Can equitable distribution and alimony overlap in a Florida divorce? This is possible, for example, when a court awards a party a greater share of marital assets as a form of lump sum alimony. This was an issue in the case Goodman v. Goodman, 6D23-248 (Fla. 6th DCA February 24, 2023).

Florida divorce: Dividing a pension when the value is unknown

Florida divorce: Dividing a pension when the value is unknown

Posted by Nydia Streets of Streets Law in Florida Divorce

What can a Florida divorce court do if the value of an asset is unknown at the time equitable distribution is decided? With a pension, for example, the value of the account can be assigned or expressed as a percentage based on the years of marriage. This was an issue in the case Cupo v. Cupo, 4D22-64 (Fla. 4th DCA December 21, 2022).

Florida divorce: credits upon sale of marital home

Florida divorce: credits upon sale of marital home

Posted by Nydia Streets of Streets Law in Florida Divorce

When a house is sold in a Florida divorce case, is a party entitled to credits for payments made toward the house pending the sale? A party might be able to claim credits for expenses paid on the home if there is an agreement to that effect or the court determines the credits are equitable.

Standard of living as a factor in Florida alimony

Standard of living as a factor in Florida alimony

Posted by Nydia Streets of Streets Law in Florida Divorce

How are temporary alimony and attorney’s fees decided in a Florida divorce? A ruling on these issues must be supported by competent, substantial evidence. A court will look at the need of the spouse asking for these temporary amounts and the ability of the other spouse to pay them.

Default in a Florida divorce case

Default in a Florida divorce case

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When a default is entered against a party in a Florida divorce case, what does this mean? Generally, it means the party who was defaulted did not answer the petition on time. The consequence is that the allegations in the petition are admitted, meaning the petitioner does not have to prove the allegations and they are taken as true. Application of this consequence is not so simple in family law cases. Child custody issues cannot be decided by default, for example.

Income calculation in a Florida divorce

Income calculation in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Alimony

The main aspects of determining an alimony claim in a Florida divorce revolve around need and ability to pay. That is the need of the spouse asking for alimony and the ability of the other spouse to pay it. To understand this analysis, it is important to accurately compute the income of each party. This was an issue in the case Leyte-Vidal v. Leyte-Vidal, 4D21-879 (Fla. 4th DCA October 26, 2022).

Florida family law: Challenging a general magistrate's findings and recommendations

Florida family law: Challenging a general magistrate's findings and recommendations

Posted by Nydia Streets of Streets Law in Florida Divorce

When a matter is heard by and ruled on by a general magistrate in a Florida divorce case, there are certain procedures that must be followed to challenge the general magistrate’s findings and recommendations. These must be raised within a certain period of time. Failure to challenge the general magistrate’s rulings correctly and timely may result in relief being denied. This was an issue in the case Edwards v. Alphonse, 4D21-2910 (Fla. 4th DCA August 31, 2022).

Attorney's fees in a Florida divorce

Attorney's fees in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

Attorney’s fees in a Florida divorce can be awarded based on the relative financial circumstances of the parties or misconduct in litigation. When they are awarded based on financial circumstances, a court must consider the need of the spouse asking for fees to be paid as well as the ability of the other spouse to pay. Misconduct can also be considered in awarding fees based on financial circumstances. This was an issue in the case Rich v. Rich, 2D19-2721 (Fla. 2d DCA August 31, 2022).

Florida divorce: Motion to enforce versus Motion to set aside

Florida divorce: Motion to enforce versus Motion to set aside

Posted by Nydia Streets of Streets Law in Florida Divorce

How long does a party have after a Florida divorce is finalized to set it aside? It depends on why the order is being set aside. If it is for mistake, inadvertence, or excusable neglect, for example, the rules say up-to one year. What is the difference between a motion to set aside and a motion for enforcement? This was an issue in the case Mandelko v. Lopresti, 4D21-2041 (Fla. 4th DCA August 17, 2022).

Florida divorce: equitable distribution and irrevocable trusts

Florida divorce: equitable distribution and irrevocable trusts

Posted by Nydia Streets of Streets Law in Florida Divorce

The intentional waste, depletion or destruction of marital property can be taken into consideration when a court divides assets and debts between divorcing spouses. A spouse who withdraws marital money from a bank account can be held responsible for the amount withdrawn even if the amount is put into an irrevocable trust. This was an issue in the case Collier v. Collier, 1D19-2070 (Fla. 1st DCA July 27, 2022).

Florida divorce: Findings required to support equitable distribution and alimony

Florida divorce: Findings required to support equitable distribution and alimony

Posted by Nydia Streets of Streets Law in Florida Divorce

What will happen in my Florida divorce case? This is a question many wonder as they face the dissolution of their marriage. It may bring worry, anxiety and fear as you approach the unknown. But learning about what you can expect in a Florida divorce can help ease these feelings. One way to learn about what to expect is by reviewing Florida family law appellate cases. A recent case discusses equitable distribution and alimony requirements in a Florida divorce case: Smith v. Smith, 1D20-2419 (Fla. 1st DCA May 18, 2022).