Miami family law attorney blog
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Tax consequences in Florida equitable distribution
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a court disregard a settlement agreement entered between the parties and require a different result? The answer depends on what is at issue in the agreement. In the case Nicholas v. Nicholas, 4D2024-0214 (Fla. 4th DCA March 19, 2025), the court added a provision regarding additional attorney’s fees and costs even though the parties had already agreed on how to pay attorney’s fees and costs.
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
In a Florida divorce, equitable distribution is determined under Florida Statute 61.075. This statute provides guidelines for the classification of marital and non-marital assets and debts, among other guidance. Equitable distribution was an issue in the case MacPherson v. MacPherson, 6D23-373 (Fla. 6th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to marital funds in a college savings account established for a child when there is a divorce? While it is not required that parents pay college tuition for a child in Florida, a college savings account can be awarded to one parent in equitable distribution as a trustee of funds for the child. This was an issue in the case Aronoff v. Aronoff, 4D21-3305 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a Court’s oral ruling is different from the written order in a Florida family law case? Sometimes, a judge will rule one way orally at a hearing and ask the lawyers to prepare an order memorializing what the judge said. The order signed by the judge therefore may be different from what the judge said. According to a recent appellate case “When a trial court’s written order is inconsistent with its earlier oral pronouncement, the oral pronouncement generally controls and the written order must be reversed.” Johansson v. Johansson, 4D21-3343 (Fla. 4th DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When can a party ask to re-open the evidence so that additional witnesses and evidence can be submitted to the court after a hearing is over? This is essentially a request for a second chance to present evidence to the court that may have been missed. The circumstances under which this request will be granted were discussed in the case Allen v. Allen, 1D21-2652, (Fla. 1st DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse use funds in a joint account while a divorce is pending in Florida? Once a divorce case is filed, many courts in Florida have what is known as a status quo order. This order directs the parties not to disturb the status quo so that, for example, a spouse’s health insurance is not cancelled from one day to the next. This status quo rule may apply to funds in accounts. The use of cash is an issue discussed in the case Briggs v. Briggs, 1D21-1592 (Fla. 1st DCA April 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
As part of equitable distribution in a Florida divorce, the court is usually required to consider tax consequences in the division of assets and debts. If attorney’s fees are awarded in a divorce, a court can order that interest be paid. What interest rate is used? These were issues in the case Bathke v. Costley, 5D20-2522 (Fla. 5th DCA December 30, 2021).
