Posted by Nydia Streets of Streets Law in Florida Divorce
What is a status quo order in a Florida divorce? Many jurisdictions in Florida have this administrative order in place which automatically applies to most family law cases once filed. The status quo order usually contains provisions that require parties to continue to pay common household expenses such as utilities, health insurance premiums, etc. This is so that a spouse who does not pay these bills does not have to worry that these services will be in jeopardy once a divorce case is filed. A status quo order was the subject of the case Lykkebak v. Lykkebak, 5D20-1927 (Fla. 5th DCA June 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does a Florida divorce court decide who gets the family dog? Pets are generally considered property and would be viewed similar to a vehicle or other asset of value. If the parties cannot agree on who gets certain property, including a pet, the Florida Statutes authorize a court to consider, among other factors, the desirability of retaining any asset when deciding to whom the property should be awarded. The case Springer v. Springer, 2D20-812 (Fla. 2d DCA June 11, 2021) concerned a dispute about a dog.
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
Equitable distribution in a Florida divorce is the division of assets and debts between spouses. Generally a Florida divorce court looks at the value of marital assets and how much marital debt is owed, and distributes these between the spouses to arrive at an equal division. In the case Ouimette v. Ouimette, 2D20-22 (Fla. 2d DCA May 28, 2021), the division of a retirement account was at issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
An equalizing payment can be ordered in a Florida divorce when one spouse is awarded a higher amount of equity in marital assets than the other spouse. For example, if one spouse is awarded the marital home, the other spouse might be paid his or her one-half share of equity in the home by the spouse keeping the home. However, there are limits to equalizing payments, and this was an issue in the case Sanders v. Peterson-Sanders, 4D20-2082 (Fla. 4th DCA May 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can the other spouse be ordered to pay my attorney’s fees in a Florida divorce case? Yes, this is possible, if the spouse asking for attorney’s fees to be paid shows the need for it, and also shows that the other spouse has the ability to pay. This was an issue in the case Freeborn v. Freeborn, 4D20-1124 (Fla. 4th DCA May 19, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse owns property prior to marriage, that property is usually classified as the spouse’s separate property so long as that spouse has not taken steps which convert the property to a jointly owned-asset. Even if the property remains the spouse’s separate property, the other spouse may be entitled to half of the appreciation in value of the property accumulated during the marriage, especially if the increase was due to active appreciation (meaning the spouse’s labor or efforts). This was an issue in the case Palmer v. Palmer, 5D19-2389 (Fla. 5th DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse fears the other spouse is disposing of assets or removing money from bank accounts, a request to freeze assets may be made to a Florida divorce court. Because this is a form of injunction, it must be requested a certain way. A party’s failure to properly request the correct relief related to freezing assets may result in denial of the request. This was an issue in the case Doddapaneni v. Doddapaneni, 5D20-1735 (Fla. 5th DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when one party files a motion to disqualify a lawyer in a Florida family law case? An example of disqualification is when one party alleges it would be unfair to have the other party represented by a certain lawyer because that lawyer also represented the alleging party in a separate but related matter. In the case Reuschel v. Reuschel, 1D20-1039 (Fla. 1st DCA May 14, 2021), the husband appealed an order he believed granted the wife’s motion to disqualify counsel.
Posted by Nydia Streets of Streets Law in Florida Divorce
Who gets the marital home in a Florida divorce? A court can award one party the home and order that party to pay equity to the other spouse. The court can also order that one spouse have sole possession of the property until their youngest child turns 18 and then the house be sold. Yet another option is to order sale of the home immediately and a split of the net proceeds between the parties. This was an issue in the case Ortiz v. Ortiz, 2D19-587 (Fla. 2d DCA April 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many continuances can a party seek in a Florida family law case? A continuance is a delay of a hearing date or other deadline in the case. There is really no limit, but the court has discretion to deny requests for delay that are repeated, are made in bad faith, and which cause prejudice to the other party. This was one of many issues raised in the case Apesteguy v. Keglevich, 3D20-60 (Fla. 3d DCA April 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What income is considered in deciding how much to award in Florida alimony or child support? Florida Statute Chp. 61.30 lists payments that are considered income for purposes of calculating support. Included in that list are in-kind payments from an employer which reduce a party’s living expenses. This was a topic in the case Ortega v. Wood, 1D20-1534 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal equitable distribution scheme in Florida must be supported by findings listed in Florida Statute 61.075. These factors include, but are not limited to: the economic circumstances of the parties; the duration of the marriage; any interruption of personal careers or educational opportunities of either party; and the contribution of one spouse to the personal career or educational opportunity of the other spouse. A court usually commits reversible error if there is an unequal distribution of marital assets and debts without findings in the final judgment that justify it. This was an issue in the case Fernandez-Tretiakova v. Fernandez, 4D19-3217 (Fla. 4th DCA March 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are personal injury settlement funds or awards considered marital property subject to division in a Florida divorce? The answer depends on how the funds are classified. If, for example, a portion or all of the funds are for a spouse’s pain and suffering, this would be considered that spouse’s separate property, not subject to division in a divorce. If, however, the funds are to compensate a spouse for lost wages, medical expenses, lost earning capacity, etc., those funds are generally considered marital property if the expenses and wages were or could have been incurred/due during the marriage. This was an issue in the case Roth v. Roth, 2D19-2559 (Fla.2d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties to a Florida family law case are usually required to file financial affidavits if there are financial issues involved. The affidavit is signed under the penalties of perjury, meaning if a party knowingly provides false information on the affidavit, he or she may be subject to criminal penalties. Additionally, a court can re-open a case if it is alleged a party filed a fraudulent financial affidavit or gave false testimony. This was an issue in the case Barrett v. Barrett, 5D20-946 (Fla. 5th DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
The cutoff date for classification of an asset as marital or non-marital is the date of filing a petition for dissolution of marriage or the date specified by a separation agreement. How does this rule apply to contributions to a marital retirement account made after the filing of a petition for divorce? This was an issue in the case Murphy v. Murphy, 2D18-4635 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
The ability to request attorney’s fees extends beyond the trial level in a Florida family law case into the appellate level. A party can request both temporary and permanent attorney’s fees in a Florida appellate case, and requesting or failing to request one does not foreclose the other. This was an issue in the case Palmateer v. Palmateer, 2D19-4330 (Fla. 2d DCA March 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
It is the general rule of Florida family law that support obligations can be enforced via the court’s contempt powers, while equitable distribution obligations cannot be enforced by contempt. So it is important that a marital settlement agreement or final judgment unambiguously specifies the nature of payments being made. This was an issue in the case Suarez v. Suarez, 3D20-611 (Fla. 3d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes parties do not want to wait until a final judgment is entered to divide assets. This may be because a spouse wishes to liquidate assets for expenses. When this is a case, a party has to file a motion for an interim partial distribution. There must be a showing of good cause to support such a request. This was an issue in the case Calvarese v. Calvarese, 4D20-1662 (Fla. 4th DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a Florida divorce court determine the value of a business owned by the spouses? How about goodwill in the business? Goodwill refers to the value of the business attributable to the efforts and reputation of a spouse - that is, how much of the business’ value and revenue is due to a spouse’s interactions with customers or reputation in an industry? These were issues in the case King v. King, 1D19-3280 (Fla. 1st DCA March 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even after a Florida marital settlement agreement is entered, parties can be back in court for enforcement issues or clarification of terms of the agreement. When a party does not follow the agreement, that party may be subject to contempt of court or enforcement remedies. In the case Schuenzel v. Schuenzel, 3D19-2377 (Fla. 3d DCA February 17, 2021), former spouses were back in court on the issue of the former wife’s failure to pay certain expenses toward the marital home.
