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January 2015 Archives

Determining who gets alimony in Florida

After a Florida divorce, a judge may award alimony to either party if it determined that it is needed. The alimony may be provided on a permanent basis or for a duration of time as determined by the court. Financial assistance may be used to help one spouse get on his or her feet or help him or her make it through a financial gap. Those who are granted bridge-the-gap alimony may not receive payments for more than two years.

Virtual visitation as part of a custody order

As technology continues to move forward, virtual visitation is a practical tool being discussed and utilized in family court systems as part of divorce proceedings. Florida and other states already have laws in place that permit the use of virtual visitation, which allows noncustodial parents and their children to enjoy time together through such methods as video conferencing and social networks. Courts in some states that currently do not have specific legislation are allowing this form as well as part of an approved parenting plan and custody order.

Protecting business interests during a Florida divorce

A divorce can be a complicated and emotional time for both parties, but it might be even more so if one spouse owns a business. This is because a spouse may be entitled to some stake in the company unless the proper steps are taken. Two ideas to consider are a prenuptial agreement and a postnuptial agreement. A prenuptial agreement may override state property division laws and are generally respected as is by divorce courts.

How is property divided in a divorce?

Many couples that divorce in Florida are unable to reach an agreement about property division outside of court. If a judge must determine how to divide marital assets between two spouses, the judge does so according to the principle of equitable distribution that is followed in Florida and in the majority of other states. Equitable distribution means that marital property is divided fairly, but not necessarily equally.

Handling 401(k) accounts in a divorce

Many Florida workers have 401(k) accounts. It may intrigue them to know that, during a divorce, this kind of retirement account may be considered a marital asset, thereby subjecting its accrued contents to distribution between the divorcing parties.