Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
Must equitable distribution in a Florida divorce result in an equal division of property and debts? Not always. Equitable does not mean equal. Equitable means what is fair under the circumstances. This was an issue in the case Pringle v. Pringle, 3D22-1464 (Fla. 3d DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
In many Florida courts, parties to a divorce case are subject to a status quo order. This order may prohibit a spouse from cancelling the other spouse’s account access or use. The goal is to maintain the status quo until there is a court order or agreement stating otherwise so spouses do not worry about necessities such as utilities and health insurance being disrupted. Use of a credit card was an issue in the case Scott v. Scott, 5D23-2257 (Fla. 5th DCA December 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
The enhancement in value of non-marital property during a marriage may be a marital asset subject to equitable distribution in a Florida divorce. How do we determine if the increase in value of property is marital or non-marital? This was an issue in the case Strickland v. Strickland, 1D21-3894 (Fla. 1st DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are medical records required to be disclosed to the other party in a Florida divorce case? The answer depends on what is at issue in the case. If a party, for example, claims he or she has medical conditions which prevent employment, the medical records are relevant to prove this, and thus may be discoverable. This was an issue in the case Hakim v. Hakim, 3D23-862 (Fla. 3d DCA August 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are disability benefits from a federal retirement account a marital asset subject to equitable distribution in a Florida divorce? This was a question in the case Crocker v. Crocker, 5D23-103 (Fla. 5th DCA July 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
If non-marital property is sold during the marriage, and the proceeds are used to buy other property, does the newly-bought property become marital as well? The answer depends on if the funds were commingled with marital funds and/or the spouse to whom the property originally belonged gifted the property to the other spouse. This was an issue in the case Rivera v. Rivera, 3D22-1914 (Fla. 3d DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What type of notice should be given to a party regarding a trial date in a Florida family law case? This question may be especially important if the party’s lawyer has withdrawn before a trial date. This was an issue in the case Chamberlain v. Degner, 1D22-3537 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party misses a trial in a Florida family law case, what relief can be granted if the failure to attend trial was the result of excusable neglect? This was an issue in the case Stephens v. Stephens, 1D22-733 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse fails to pay an equalizing payment ordered or agreed-upon as part of equitable distribution, interest may be added to the principal amount owed. Does this interest accrue from the date of the judgment or the date the payment is due? What is the percentage rate of the interest to be paid? These were issues in the case Robertson v. Robertson, 4D22-1769 (Fla. 4th DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What factors does a court consider in awarding attorney’s fees in a Florida divorce? If the request for fees is based on financial disparity between the parties, the main factors are need and ability to pay. If the request is based on alleged wrongdoing by one party, there must be findings, for example, of unnecessary litigation. This was an issue in the case Ernfridsson v. Ward, 5D22-751 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida divorce order a trust to be dissolved in order to effectuate equitable distribution? Sometimes, spouses place assets in trust for estate planning purposes. But if a divorce happens, the assets in the trust may be marital assets subject to a claim from both spouses. This was an issue in the case Hyatt v. Zimmerman, 4D22-896 (Fla. 4th DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What type of temporary relief can a court award in a pending Florida divorce case? Some examples include alimony, child support and even early equitable distribution. A judge has broad discretionary authority when it comes to temporary relief, but this is not without limits. This was an issue in the case Williams v. Williams, 1D21-2454 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is active appreciation, and how does it affect equitable distribution in a Florida divorce case? Active appreciation is an increase in value of an asset due to the efforts of a spouse. An example of this would be a stock account - while the stock account may be non-marital, if a spouse actively trades on the account or makes more than ministerial effort to increase the value of the account, the increase in value of the account might be considered active appreciation which is subject to distribution between divorcing spouses. This was an issue in the case Naranjo v. Ochoa, 4D21-3084 (Fla. 4th DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties are married and then separate for several years before they file for divorce, during their period of separation, they may each be incurring debts which will be jointly owed. This is why it may be important to have a valid separation agreement, prenuptial agreement or post-nuptial agreement. The division of assets and debts after a six-year separation was an issue in the case Gayer v. Gayer, 6D23-17 (Fla. 6th DCA June 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a pension divided in a Florida divorce case? The marital portion is that which was earned during the marriage. Usually a special order, such as a qualified domestic relations order is needed in addition to the final judgment of divorce to accomplish division of the pension. Distribution of a pension was an issue in the case Franxman v. Franxman, 1D21-3321 (Fla. 1st DCA June 14, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can my spouse be ordered to pay my attorney’s fees in a Florida divorce case? A court can order payment of attorney’s fees where there is a disparity in income combined with need and ability to pay. This is to even the playing field, so-to-speak, when it comes to divorce litigation. This was an issue in the case Gables v. Gables, 1D15-4951 (Fla. 1st DCA June 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Does a Florida trial court have to expressly reserve jurisdiction in its order to enforce its order? Usually, Florida family law judgments contain a provision that states the court reserves jurisdiction to enforce its order. If this provision is missing from the order, a party might argue the court loses jurisdiction to enforce in the future. This was an issue in the case Wisheart v. Wisheart, 5D22-3024 (Fla. 5th DCA June 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement provides that any modifications must be in writing and signed by the parties, this provision will usually be upheld despite any oral agreements subsequently reached by the parties. This was an issue in the case Duchateau v. Duchateau, 5D22-2609 (Fla. 5th DCA June 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disputes that an asset acquired during the marriage is marital or jointly-owned property, it is that party’s burden to prove the non-marital nature of the asset. Assets acquired during the marriage are otherwise presumed to be marital despite whose name is titled on the asset. This was an issue in the case Douglas v. Douglas, 4D22-1144 (Fla. 4th DCA June 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes lack of detail in a final judgment of dissolution of marriage in Florida can cause confusion. The Florida Statutes require that certain issues be specified in a parenting plan such as time-sharing. In equitable distribution, a failure to specify how the court arrived at its distribution decision and/or classification of assets can disrupt the equities. These were issues in the case Brutus v. Giles, 5D22-223 (Fla. 5th DCA May 19, 2023).
