Florida Court Denies Alimony Modification Request Due to Voluntary Reduction in Income
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
4d ago
In many marriages, one spouse will earn a far greater income than the other. If a couple with disparate incomes subsequently divorces, the lesser-earning party will often request spousal support. In determining whether to grant such support, the courts will assess not only the requesting party’s need but also the responding party’s ability to pay. Once a court issues an order directing a party to pay alimony, it generally is not subject to modification absent evidence of a material and enduring change in circumstances. The change must be involuntary as well, as discussed in a recent Florida ca ..read more
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Florida Court Explains When Separate Property Become Marital Property
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
1M ago
Under Florida law, while marital property is subject to equitable distribution in a divorce action, separate property is not; instead, it remains the property of the spouse to whom it belongs. Challenges in determining the nature of property can arise, however, when a party mingles separate and marital assets, as illustrated in a recent Florida divorce action in which the parties disagreed over whether a boat was a marital asset subject to equitable distribution. If you wish to seek a divorce, it is prudent to talk to a Miami divorce lawyer to determine how the end of your marriage may impact ..read more
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Florida Court Examines Dissipation of Marital Assets in Divorces
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
1M ago
In Florida, the courts look unkindly at one party deliberately wasting community assets during a divorce or the downfall of a marriage. As such, if they find that one party has dissipated marital assets, it may negatively impact their property rights in the context of a divorce. In a recent Florida ruling, a court analyzed whether the cost of one party’s lawsuit filed prior to divorce constituted dissipation, ultimately ruling that it did not. If you or your spouse want to end your marriage, it is in your best interest to meet with a skilled Miami divorce attorney. Background of the Case It is ..read more
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Court Examies Alimony Modifications Under Florida Law
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
1M ago
In Florida, parties have the right to seek alimony in divorce actions. The courts will only award alimony if it is warranted under the circumstances, however. Further, the courts may amend an alimony award if the circumstances that merited alimony change. Recently, a Florida court examined whether a temporary change in employment constituted a change that warranted a reduction in alimony, ultimately ruling that it did not. If you have questions about your alimony and property rights in a Florida divorce, it is wise to talk to a knowledgeable Miami divorce lawyer. Factual and Procedural Backgro ..read more
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Court Discusses the Division of Cost of Living Adjustments in Florida Divorces
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
1M ago
Under Florida law, any community property is subject to equitable division by the courts in a divorce action. Typically, pension benefits and any other retirement benefits accrued during a marriage constitute community property. Additionally, parties are entitled division of cost of living adjustments under Florida law as well. Recently, a Florida court clarified whether a party that is awarded a portion of a spouse’s pension in a deferred retirement option program  (DROP) is entitled to a cost of living adjustment, even if the DROP account is not created until after the divorce is final ..read more
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Florida Court Discusses Due Process Rights in Divorce Proceedings
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
3M ago
While courts typically conducted family law hearings in person prior to 2020, since the COVID-19 pandemic, many proceedings have been held via video-teleconferencing. Regardless of whether hearings are conducted in person or over the internet, parties impacted by such hearings have certain rights, and if the court violates their rights, any rulings issued during the proceeding may be reversed. This was demonstrated recently in a Florida opinion issued in a divorce case in which the court ruled that the trial court infringed on the wife’s due process rights by ruling on matters in her absence ..read more
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Court Upholds an Oral Pronouncement Over a Conflicting Order in a Florida Divorce Case
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
3M ago
Courts presiding over Florida family law cases will often make oral pronouncements regarding their decisions on disputed issues during hearings and later reduce the terms of their pronouncement to writing. Issues can arise, however, when a written order issued by a court conflicts with its earlier oral pronouncement. In such cases, as explained in a recent Florida ruling issued in a divorce matter, the oral pronouncement will generally prevail. If you or your spouse intend to file a petition for dissolution, it is wise to meet with a Miami divorce attorney to determine what measures you can ta ..read more
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Court Discusses Alimony Modifications Under Florida Law
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
4M ago
Divorce can leave one party in a precarious financial situation. In many divorces, then, a person will seek alimony from their spouse. In evaluating whether alimony is warranted, the courts will look at not only if the party seeking alimony can demonstrate their need but also if the other party has the ability to pay. If either party’s economic circumstances change after a court enters an order granting alimony, the court may grant a modification. Recently, a Florida court discussed the factors considered in determining whether to terminate alimony in a case in which it upheld the trial court ..read more
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Court Explains What is Subject to Equitable Distribution in Florida Divorces
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
5M ago
Florida is an equitable distribution state, which means that in divorce actions, the courts have the authority to divide marital assets in a manner that they deem fair and just. Not all property acquired during a marriage is subject to equitable distribution, though, as shown in a recent Florida ruling. If you have questions about how ending your marriage may impact you financially, it is prudent to talk to a skilled Miami divorce lawyer as soon as possible. Factual and Procedural Background It is reported that the husband and wife divorced. In the final dissolution of judgment, the trial cour ..read more
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Florida Court Explains Grounds for Reopening Evidence in Divorce Actions
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
6M ago
In divorce actions, the parties will typically go through the process of discovery, during which they will seek any evidence that they can use to help them obtain a favorable outcome. Once discovery is complete, and the court issues its final judgment, however, parties will rarely be granted the chance to offer additional evidence. This was demonstrated in a recent Florida ruling, in which the court explained that reopening evidence in a divorce action would be unfairly prejudicial to the wife. If you are interested in seeking a divorce and want to learn more about your rights, it is smart to ..read more
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