Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a domestic violence conviction affect shared parental responsibility in Florida? According to Florida law, “A conviction of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental to the child.” § 61.13(2)(c)3.a., Fla. Stat. (2024). This was an issue in the case Wallace v. Wallace, 4D2024-0441 (Fla. 4th DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to a child support amount in their Florida marital settlement agreement, can a court reject the amount agreed-to? According to Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990), “A trial court has the duty to determine the appropriateness of a child support provision within a settlement agreement and can adjust the amount based on the child’s best interest and financial needs.” This was an issue in the case Gilberts v. Manderino-Gilberts, 5D2024-0992 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to split the net proceeds from the sale of the marital home in a Florida divorce, what is defined as the net proceeds? Many times, the marital settlement agreement will define what the net proceeds are. Even still, many do not include information concerning escrow refund amounts disbursed months after the sale is complete. This was an issue in the case Flaim v. Flaim, 4D2024-2314 (Fla. 4th DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Before a court can take action that affects either party’s rights in a Florida family law case, each party must be provided with due process. This means they had an opportunity to be heard and notice of the court’s planned action. This was an issue in the case Zinnurov v. Shelegina, 6D2024-1089 (Fla. 6th DCA June 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court’s oral pronouncement and its written order conflict, the oral pronouncement usually controls. This was an issue in the case Graydus v. Graydus, 4D2023-1213 (Fla. 4th DCA June 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even when a default is entered against a party in a Florida divorce case or a pleading is stricken, a trial court is still required to make findings regarding equitable distribution pursuant to Fla. Stat. Chp. 61.075. This was an issue in the case Jones v. Jones, 5D2024-2342 (Fla. 5th DCA May 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce case must comply with Florida Statute Chp. 61.075. Can a party be “punished” in equitable distribution for making what the court determines are unsupported litigation claims? This was an issue in the case Pitamber v. Shivbaran, 3D24-0198 (Fla. 3d DCA May 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Permanent alimony was abolished in Florida on July 1, 2023. Cases pending on or after that date were subject to revised alimony statutes. If an appeal was pending in a case in which permanent alimony was awarded prior to July 1, 2023, how did that affect the viability of the permanent alimony award? This was an issue in the case Alfonso v. Alfonso, 4D2024-0698 (Fla. 4th DCA May 7, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When determining either party’s ability to pay attorney’s fees in a Florida divorce case, the court looks to assets and income available to both parties. When one party has disproportionately more financial resources than the other party, that party may be required to pay attorney’s fees for the other party. This was an issue in the case Ramakrishnan v. Ramakrishnan, 5D2024-2510 (Fla. 5th DCA April 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement is silent as to reimbursement for carrying costs on a marital property, does this mean the reimbursement is waived? This was an issue in the case Levinas v. Levinas, 3D24-1233 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I appeal a partial final judgment in a Florida divorce case? This was an issue in the case Petrandis v. Petrandis, 1D2024-1487 (Fla. 1st DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida Statute 61.075 requires that the court make findings related to equitable distribution in a Florida divorce. Without these findings, a Florida divorce judgment may be subject to appeal. This was an issue in the case Salazar v. Franco, 3D24-1051 (Fla. 3rd DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is ordered to pay alimony to the other spouse in a Florida divorce case, is this payment considered in calculating child support? Usually, the monthly payment made by the paying spouse is deducted from that spouse’s income and added to the other spouse’s income in calculating child support. This was an issue in the case Eberhart v. Eberhart, 5D2024-1384 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties entitled to credits for mortgage payments on a marital home during separation? Florida Statutes do provide a way to claim credits in certain circumstances. This was an issue in the case Frazier v. Dodd, 5D2022-2478 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A change in the alimony statutes in Florida in 2023 eliminated permanent alimony. For that reason, cases which were appealed before the change but were still pending after, had permanent alimony reversed in the appeal. This was an issue in the case Edman v. Edman, 4D2024-0077 (Fla. 4th DCA March 26, 2025).
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
What date does a Florida family court use to value assets in a divorce? Since divorce cases can span years, the value of an asset at the time of filing for divorce may be different from the value at the time of the trial. According to the Florida Statutes, “The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” Fla. Stat. 61.075(7).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are contingent liabilities treated in a Florida divorce? These liabilities are potential debts that will become owed if certain events happen. For example, a party might be involved in a lawsuit and if they lose the lawsuit, they might owe money to the opposing party in the law suit. Contingent assets and debts must be listed on a financial affidavit in a Florida divorce case. A contingent debt was an issue in the case Alvarez v. Stochetti, 3D23-1277 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Must a court recognize and enforce a divorce decree from another country in a Florida divorce case? The answer depends on the circumstances surrounding the entry of the foreign divorce decree. For example, if the decree was entered without a party having notice and opportunity to be heard, a Florida court may decline to enforce the judgment. This was an issue in the case Carrasco v. Jimenez, 4D2023-0461 (Fla. 4th DCA March 5, 2025).
