Miami family law attorney blog
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Miami Divorce Attorney
Posted by Nydia Streets of Streets Law in Florida Divorce'
Can anticipated future expenses be considered in determining a Florida alimony obligation? Can alimony be used to compensate a party for equitable distribution? These were two interesting issues discussed in the recent case Grable v. Grable, 1D2024-3224 (Fla. 1st DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, how is an account held by a spouse and a third party divided in equitable distribution? This was one of many issues explored on appeal in the case Williams v. Williams, 3D24-0974 (Fla. 3d DCA February 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays the mortgage on the marital home after separation, does that spouse receive credit for the mortgage payments? This was an issue in the case Haxel v. Haxel, 5D2024-0846 (Fla. 5th DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is bonus income included in a party’s income for purposes of calculating alimony and/or child support in Florida? The answer depends on if the bonus is regular and continuous. This was an issue in the case Morgan v. Morgan, 2D2024-2115 (Fla. 2d DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
The sale of a marital residence after divorce may stir up disputes between former spouses as to the sale proceeds if not properly addressed in a final judgment or marital settlement agreement. For example, when a spouse feels he or she should receive credit for certain expenses paid on the home after the divorce, but prior to the sale, this may cause dispute between the parties. This was an issue in the case Lantz v. Gibson, 1D2024-2148 (Fla. 1st DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays expenses for the other spouse while a divorce is pending such as mortgage, utilities and other living expenses, that spouse should receive credit for those payments toward retroactive support ordered. This was an issue in the case Warner v. Warner, 5D2024-1274 (Fla. 5th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disagrees with a court’s ruling on alimony and equitable distribution, what is the standard the appellate court uses to review these types of awards? This was an issue in the case Abbey v. Abbey, 3D2024-1622 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
An award of temporary support in a Florida divorce case which exceeds the payor’s ability to pay can be reversed on appeal, even without a hearing transcript. This was an issue in the case Melton v. Melton, 5D2024-3467 (Fla. 5th DCA September 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Usually, debts that are incurred by a party after the filing of a petition for divorce in Florida are considered non-marital debts. Does this include child care debt incurred for the parties’ children? This was an issue in the case Thermidor v. Pierre, 4D2024-2133 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Before a court can take action that affects either party’s rights in a Florida family law case, each party must be provided with due process. This means they had an opportunity to be heard and notice of the court’s planned action. This was an issue in the case Zinnurov v. Shelegina, 6D2024-1089 (Fla. 6th DCA June 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court’s oral pronouncement and its written order conflict, the oral pronouncement usually controls. This was an issue in the case Graydus v. Graydus, 4D2023-1213 (Fla. 4th DCA June 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even when a default is entered against a party in a Florida divorce case or a pleading is stricken, a trial court is still required to make findings regarding equitable distribution pursuant to Fla. Stat. Chp. 61.075. This was an issue in the case Jones v. Jones, 5D2024-2342 (Fla. 5th DCA May 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce case must comply with Florida Statute Chp. 61.075. Can a party be “punished” in equitable distribution for making what the court determines are unsupported litigation claims? This was an issue in the case Pitamber v. Shivbaran, 3D24-0198 (Fla. 3d DCA May 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is an attorney’s charging lien in a Florida divorce case? This is a lien for unpaid legal fees placed by the attorney on proceeds that the attorney’s client is expected to be awarded in the case. If the lien is approved by the judge, and a party is awarded, for example, a lump sum of cash in equitable distribution, the lien would operate to award that cash to the attorney for unpaid fees. This was an issue in the case Cirillo v. Cirillo, 2D2023-2400 (Fla. 2d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a text message between spouses establish the value of an asset for purposes of equitable distribution in a Florida divorce? Depending on the context of the message, it may. But settlement negotiations are not admissible in court proceedings, generally. This was an issue in the case Nunes v. Krup, 4D2024-0874 (Fla. 4th DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court decides there should be an unequal distribution of marital assets and debts in a Florida divorce, what factors go into making this decision? Florida Statute 61.075 lists factors a court must consider, which include the length of the marriage and the contribution of each spouse to the property in question. This was an issue in the case Reed v. Reed, 4D2023-2584 (Fla. 4th DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse moves out of the marital home before a petition for divorce is filed in Florida, does that spouse abandon his or her interest in the home? The short answer is no, but depending on how much time passes between the time the spouse moved out and the date a divorce petition is filed, plus that spouse’s contributions to the home after moving out, the other spouse may be entitled to more equity in the home than the spouse who moved out. This was an issue in the case Silva v. Claffey ,4D2024-0269 (Fla. 4th DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a spouse destroys collectibles or other personal property of the other spouse? This was an issue in the case Michener v. Michener, 3D24-0431 (Fla. 3d DCA January 22, 2025) in which the former wife was accused of destroying or disposing of “a portion of the former husband’s extensive nonmarital memorabilia collection, which included various books, Star Wars toys, celebrity and family photographs, a sketch of Cal Ripken, Jr., a vintage poster, a handmade football, and an engraved watch.”
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
