Posted by Nydia Streets of Streets Law in Florida Divorce
Is a pet considered property in a Florida divorce? In short, yes, and the court will award the pet in accordance with the factors listed in Florida Statute Chp. 61.075 which also apply to other property such as vehicles, real estate, etc. What if the pet is an emotional support animal - how does this affect the court’s decision on who gets the pet? This was an issue in the case Kraushaar v. Kraushaar, 3D25-1706 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a bifurcated divorce in Florida? Many Florida divorces involve issues of equitable distribution, child custody and alimony. When a party asks a court to bifurcate the proceedings, it means the party is asking the court to separate the issues and enter a final judgment declaring the parties to be divorced before remaining issues such as equitable distribution, etc. are decided. This might be requested, if for example, a party is in poor health and may pass away before a final judgment of divorce is entered which would entitle the surviving spouse to death benefits that may not be intended in light of the parties’ separation. This was an issue in the case Wax v. Friedman, 3D23-1942 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce requires specific written findings of fact regarding the following: (a) Clear identification of nonmarital assets and ownership interests; (b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset; (c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability; and (d) any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities. See Fla. Stat. Chp. 61.075.
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
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
How does a domestic violence conviction affect shared parental responsibility in Florida? According to Florida law, “A conviction of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental to the child.” § 61.13(2)(c)3.a., Fla. Stat. (2024). This was an issue in the case Wallace v. Wallace, 4D2024-0441 (Fla. 4th DCA July 23, 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
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
Permanent alimony was abolished in Florida on July 1, 2023. Cases pending on or after that date were subject to revised alimony statutes. If an appeal was pending in a case in which permanent alimony was awarded prior to July 1, 2023, how did that affect the viability of the permanent alimony award? This was an issue in the case Alfonso v. Alfonso, 4D2024-0698 (Fla. 4th DCA May 7, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is contempt an available remedy for failure to pay an equitable distribution judgment in a Florida divorce? Generally, support awards (alimony, child support) can be enforced by contempt, but equitable distribution awards are excluded. This was an issue in the case Said v. Said, 2D2024-1449 (Fla. 2d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Failure to rebut evidence at a Florida divorce trial may result in the court awarding relief requested by the other party. Rebutting evidence means presenting your own evidence that contradicts or disproves what the other party is claiming. This was an issue in the case Verdasco v. Vazquez, 3D24-0019 (Fla. 3d DCA March 5, 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
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).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, an interesting issue arose in which the former husband sold his interest in the marital home (which was in foreclosure at the time) to a company owned by his mother and then deposited the sale proceeds into the court registry in an attempt to redeem the property. On appeal was the court’s ruling that the sale proceeds were subject to distribution in the divorce, and the court denied the former husband’s mother’s company’s motion to intervene and stay disbursement of those funds. The case is Meruelo v. Meruelo, 3D23-0617 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Loans from family members to one spouse or both may be a common occurrence. How are these loans treated in equitable distribution during a Florida divorce? This was an issue in the case McHugh v. McHugh, 5D2023-3130 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Debts acquired during a marriage are presumed to be marital debts. The spouse claiming otherwise has the burden to show that the debt is actually non-marital and/or that the other spouse should be solely responsible for the debt. The court must make findings concerning the debt and why it is the sole responsibility of one spouse. This was an issue in the case Lapomarede v. Pierre, 4D2024-0037 (Fla. 4th DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a Florida divorce court required to apportion to one spouse investment losses as a debt in equitable distribution? This was an issue among others in the case Ouslander v. Ouslander, 4D2023-2479 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Delay in resolving a Florida divorce case can lead to complications which cost both sides a lot of money and potential “headache”. An appellate case which illustrates this is Kranci v. Kranci, 4D2023-1808 (Fla. 4th DCA November 20, 2024).
