Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
Words are important in a Florida marital settlement agreement. It is important to capture the true intent of the parties in the language used because not doing so may have unintended consequences. This was an issue in the case Bartolotta v. Bartolotta, 2D23-645 (Fla. 2d DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Records from a foreign bank account may be relevant to a Florida divorce case. Admitting these records into evidence requires that certain steps be taken. This was an issue in the caseVindel v. Stewart, 3D22-757 (Fla. 3d DCA February 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties are planning to divorce in Florida, they may wonder what rights they have to withdraw money from joint bank accounts. Parties may be concerned that a court can “punish” them for removing funds from an account or that if they do not remove the funds, the other spouse will remove them. How a court treated a spouse’s withdrawal of funds was an issue in Haslauer v. Haslauer, 1D2022-0191 (Fla. 1st DCA March 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What findings are required in a Florida divorce judgment concerning equitable distribution? According to Florida Statute Chp. 61.075,
In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to 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;
(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.
Fla. Stat. 61.075(3).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can be related to an alimony award. For example, a court might award marital property to one spouse in full as lump sum alimony. The court must also take into account what is awarded in equitable distribution before an alimony amount is awarded. This was an issue in the case Garcia v. Ruiz Moreno, 4D2023-0938 (Fla. 4th DCA February 14, 2024).
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).
