Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the residency requirement for a Florida divorce? Under 61.021, Fla. Stat., one party to the marriage must have resided in Florida six months before the filing of the petition in order for a Florida court to have subject matter jurisdiction over the divorce. This was an issue in the case Golubstova v. Budaev, 3D25-0296 (Fla. 3d DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony and equitable distribution are considered in a Florida divorce, there are certain statutory findings that may be required in the final judgment. This was an issue in the case Estrada v. Garcia, 3D25-0101 (Fla. 3d DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce'
Is the length of the marriage relevant to the court’s determination of equitable distribution in a Florida divorce case? This issue was discussed in a recent case in which the wife added her husband’s name to the title on real property the wife owned prior to the marriage, just two months into the marriage, and the parties ended up separating after only 19 months of marriage. The case is Crossen v. Feeley, 4D2024-3024 (Fla. 4th DCA February 11, 2026).
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
How is a spouse’s unused/accumulated leave pay treated in equitable distribution in a Florida divorce? This was an issue in the case Dove v. Freer, 4D2024-2686 (Fla. 4th DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse challenges a marital settlement agreement based on alleged fraud, can the court require the spouse accused of fraud to produce discovery? This was an issue in the case Paniry v. Paniry, 3D25-2107 (Fla. 3d DCA January 21, 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
What is considered dissipation of marital assets? When an account is used while a divorce case is pending, this may be mistaken as dissipation. This was an issue in the case Walsh v. Walsh, 5D2024-1053 (Fla. 5th DCA December 19, 2025).
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
If a spouse can prove that personal or marital expenses were paid from a business bank account, does this convert the business to a marital, jointly-owned property? This was an issue in the case Rose v. Rose, 2D2024-2406 (Fla. 2d DCA November 5, 2025).
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
If parties agree to resolve an issue before trial, can the trial court make rulings that may contradict the agreement? In the case Taha v. Hassan, 6D2024-1270 (Fla. 6th DCA October 3, 2025), the parties entered a stipulation regarding equitable distribution, yet the trial court ordered the husband to make an equalizing payment to the wife for the husband’s alleged dissipation of marital assets.
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
How does a court determine the marital portion of a non-marital property that is not solely owned by a spouse? For example, a spouse may have purchased a home prior to the marriage and that spouse may own the property jointly with his or her parent. Therefore, depending on how the property is titled, the spouse may only own fifty percent of the property as his or her non-marital portion. This was an issue in the case Wilson v. Hurter, 2D2024-1954 (Fla. 2d DCA September 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Dividing retirement accounts in a Florida divorce case can present complications when the language of a marital settlement agreement is open to different interpretations. Division of a military retirement account was an issue in Rushing v. Rushing, 6D2024-1357 (Fla. 6th DCA September 19, 2025).
