Facing a family law issue? We can helpSchedule an initial consultation

Phone 954-800-5000
Toll Free 800-642-8160

Broward County Divorce Law Blog

High net worth divorce? You can protect your assets

Getting a divorce is never an easy task, and when you have many assets, it can be life changing. Trying to split assets when you have a high net worth can be tricky, especially if you own businesses or several properties. Adding in child support, spousal maintenance and other related divorce issues can make your case very complex.

Fortunately, you can work through your case with your attorney and focus on what's most important to you. To start with, you'll need to write down all the assets you own between yourself and your partner. Show which assets were owned before the marriage, so you can better determine which are marital assets and which are not. This will help the court if it needs to make a decision on the division of your assets.

Governor Scott vetoes alimony bill over child custody clause

If you're going through a divorce in Florida, you may have heard that new alimony reforms were in the works. Recently, Governor Rick Scott stopped those changes, because the child custody clause in the same proposal was unacceptable.

This is the second time in three years that the governor has put a stop to these changes due to issues with wording and riders. Had he allowed them, the proposal would have made a formula based on the length of your marriage and your combined incomes. At that point, the judges would use this formula to determine alimony payments for the spouse in need.

Spousal support might be an option in your divorce

If you are getting a divorce, there's a chance you may have to pay or could receive spousal support. Spousal support is designed to help the spouse who earns less or who has no wages make up the difference in income until he or she can develop the skills needed to get a good job. It may also be used to help adjust a spouse's income to provide a higher standard of living.

When you look at how alimony is determined, there are a few factors. First, the age, emotional state and financial condition of the spouses will be considered. Are they too old to relearn skills or get a good career, or is the person young enough to start over? This can have an effect on the case.

The main factors that affect child custody in Florida

When you go through a divorce, one of the things you may be concerned about is your right to child custody and how child custody and visitation will work out for your child. You may already have an idea of what you want your visitation plan to look like or have an idea of how your time should be split, which you can discuss with your attorney and spouse. In Florida, there are specific rules and guidelines for placing a child in the best home for his circumstances, and these will need to be considered.

The first and most important factor will always be the best interests of the child. Divorces can cause a rift in families, and that can majorly impact a child. That's why the court looks at several factors before deciding on a custody award for either parent.

Miliary couples and marriage

When you're getting married and are in the military, the marriage laws are a little different than for those in civilian locations. If both couples are U.S. citizens and want to get married in the United States, then the process is the same as normal. If you want to create a prenuptial agreement, then you still need to reach out to your attorney to do so.

However, if someone is a foreign national, then there are more challenges that you'll need to address. The marriage has to be legal in the country where it's going to take place; in some places, it might be required that the bride and groom's parents both agree to the marriage as well. In some circumstances, service members need to get the approval of their commanding officers before they can get married.

Are alimony and child-support laws changing in Florida?

Are alimony and child-support laws changing in Florida?

A controversial alimony and child-support law has been sent to the governor of Florida for approval; this proposed law set is an attempt to overhaul the alimony system. The same kinds of changes were attempted in 2013, but they were denied.

Your property and assets can be divided fairly during divorce

When you're getting a divorce, it's important to know which assets are yours and which are going to the other spouse. There are a few things you should do to make sure this happens.

First, if you have a prenuptial agreement, you should enforce it. Your property arrangements were agreed on in a time when you both enjoyed each other's company, so it will be the best place to start.

Dividing assets in Florida with the help of your attorney

In general, if you decide to get a divorce in Florida, you will need to decide on how to split your assets. Marital property is any property you obtain during your marriage in Florida.

When the assets are divided, there will be a few things a judge can look at. First, how long has your marriage been? Longer marriages will have more assets tied together and shared. Next, you'll need to look at how much each person contributed to the marriage in terms of financing and in terms of education and care to any children in the home.

Prepare with a prenuptial agreement to avoid financial disaster

As someone in a marriage or who will be getting married, you probably already know that personal financial issues can put a strain on your relationship. Sometimes, financial problems can make a couple grow together and become stronger, but other times, financial problems can lead to struggles in the relationship.

It's very important not to avoid talking about your finances, because speaking openly about them is how you and your partner can stay on the same page. It doesn't do much good to go into a relationship not knowing if your spouse has high debts or has little to no income. Before you ever make a full commitment, it's important to know how much money you and your partner have. Money-related arguments could erupt otherwise, and those arguments are known as the leading cause of divorce.

The things you can't put into a prenuptial agreement

If you plan to have a prenuptial agreement, you may be trying to think of what you want to include in it. What's almost more important to understand is what you can't have in it. While you may be able to define who receives what in a divorce, certain parts of your marriage or relationship can't be defined through the agreement.

Your attorney, for example, can't put anything illegal in your prenuptial agreement for you and shouldn't allow you to put it in, either. You can't include decisions about child support or custody in your prenuptial agreement either, since this needs to be worked out in the best interest of your child at the time of a divorce. Too many things can change from the time a couple is married until the time of a divorce to allow child custody decisions to be made in advance.