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Broward County Divorce Law Blog

Is alimony still necessary?

Is alimony necessary? Do people in this day and age really need assistance after a divorce? The short answer is yes, and there are several reasons for that.

Alimony aids those with low or no personal income to get on their feet after a divorce. It can be temporary or permanent, and it gives someone who has spent time as a homemaker or a lower-wage earner in the relationship a chance to catch up and live reasonably after the divorce. Alimony isn't necessarily paid by the male every time; it usually is paid by the spouse who earns more.

Property division surprises: Avoid them with these facts

The last thing you want when you're going through a divorce is to be surprised by your property division settlement or the laws of your state. Fortunately, the laws in Florida are very clear where property is concerned.

In Florida, the state uses equitable distribution laws. That means that your assets won't necessarily be split 50/50. Instead, you and your spouse should come to a fair settlement. If you can't do so on your own, then a judge can make the property division decisions for you.

Florida could be changing alimony laws again

The State of Florida may be looking into alimony reform again in 2017, according to news from Dec. 22. Permanent alimony has been a contentious topic for some time, and it's not soon going to go away. The legislature did pass an alimony reform bill in 2016, but when a second round appeared before the governor, he vetoed them.

The veto was due to a clause in the reform bill; it cited mandatory 50-50 child timesharing, which is something he could not support. As a result of that veto, a new bill may be presented without that clause.

The prenuptial agreement: Why you shouldn't jump to refuse

This is an important question to ask yourself: Should I sign a prenuptial agreement? Before you shout out "No!" because you feel it's inappropriate for your betrothed to ask for one, here are a few things that you should consider.

A prenuptial agreement can protect the wealthier spouse in a marriage where both parties have vastly different incomes. It also protects the other, less wealthy party. Prenuptial agreement essentially separates your finances, so it's possible that you could be protected from your wealthier counterpart making bad decisions and gathering debt.

How are debts divided in divorce?

If you get divorced, one of the things you'll need to think about is what happens to your debts. The easiest way for you to move forward with your divorce would be to discuss with your soon-to-be ex-spouse how to split the debt fairly. If this isn't possible, you have some alternative options.

First, know the laws for your state. In most cases, you'll receive an equitable distribution of your assets in divorce, and that includes debts. A higher-earning spouse might have to take on more debts because of this, which is something to consider, especially if the debts were not for your own uses.

2 children killed in DUI crash, father speaks out

When your child is in his mom's or dad's care, you want him to stay safe. Finding out that your ex got behind the wheel drunk with your child is a shocking revelation, and one that is sure to send you straight to your attorney over custody concerns. You have every right to want to protect your children, and cases like that deserve a second look from the courts.

This case involving a mother who was involved in a DUI crash has resulted in the father pushing for new child custody laws. The Dec. 14 news reported that the mother of two young boys had been involved in a DUI-related crash while the boys were in the vehicle, resulting in their deaths. She now faces two counts of DUI manslaughter.

What can you do to make the holidays easier during divorce?

Christmas is a time where families come together, so it probably isn't surprising that those who are getting a divorce feel torn over how to feel this Christmas season. The holidays can be more stress than they're worth for some, and others may be tired of talking about a drawn out divorce or sore new realization that divorce is happening in their lives.

One of the things that you may miss includes the old traditions you shared with your spouse. If you have kids, this can be particularly difficult, since they may not be spending Christmas with you. Getting through the holidays without those traditions can be frustrating or make you sad, but there are some ways to deal with that. Focusing on making new traditions, taking time away or even spending the day watching TV or a movie can help.

Dividing assets during divorce settlement negotiations

It's holiday season, and that might mean that you've finally reached a boiling point with your divorce. Stress isn't uncommon, and it can be downright difficult to talk about dividing your assets when you're trying to plan for the holidays.

At this point, you can decide to wait until after the holidays to move forward or work through your settlement as you push through the winter months. Either way, you need to understand how assets get divided during divorce, so you can smartly negotiate.

Why should you consider a prenuptial agreement?

Should you get a prenuptial agreement? It's an age-old question, and many people feel it signifies that they don't trust their significant others. The fact is that a well-drafted prenuptial agreement doesn't only benefit one party.

Both spouses benefit when assets are protected, and a prenup can set up rules for the relationship and even define what happens in the event of a divorce.

Reducing holiday stress starts with good planning

The holidays are approaching, and it can be a difficult time for those going through a divorce or who have already divorced. Fortunately, there are a few things you can do to keep your holidays happy. For instance, you should already know where your children will be spending the holidays, what times they're expected at your ex's house and when you can expect to have them. You can review your child custody terms with your attorney if they aren't clear so that you and your ex can determine an agreement for the holidays.

If you want to make your kids a little happier and put them at ease, create a holiday schedule that they can read. Put it on a refrigerator or in another obvious place so they know exactly what's happening over the holidays. Kids get anxious too, so this can help reduce stress all around. Both you and your ex should be familiar with the schedule so that there are no surprises.