Broward County Divorce Law Blog

Daddy’s girl

Imputing income based on continuous and regular gifts from parents

In a Florida divorce, a major, relevant factor considered in setting alimony or child support awards is income earned by either party. When we think about what income is, of course, wages and salaries come to mind first. But Florida law allows the courts to consider other sources of money in some circumstances to determine how much income each spouse receives for purposes of available assets that could be used for child or spousal support.

All that glitters isn't gold

Interspousal gifts during a Florida marriage

A gift during marriage from one spouse to the other probably makes the recipient feel like the gift is their own property. It may surprise you to learn that in Florida statute, interspousal gifts during marriage are marital property subject to equitable property division in divorce.

Child support for adults in Florida

Providing child support for adult children with special needs

In a divorce in which the spouses have a child with special needs related to physical or mental impairments, the divorce decree may provide for child support for that child into adulthood, if appropriate

Back child support in Florida

Why can I only recover two years of retroactive child support?

There are circumstances when parents live apart, with one of them caring completely or primarily for the child or children, such as before seeking a determination of paternity or after separating during a marriage. In this situation, the parent providing the complete or majority of care for the child may ask the Florida court to order child support in a divorce or paternity action or in a petition for child support during the marriage.

Part 2: How is student loan debt divided in Florida divorce?

In part 1 of this post, we talked about college and professional degrees that spouses earned during marriage and how Florida courts handle those degrees in divorce. As we described, our courts have said that a degree is not an asset to divide in divorce like real estate, personal property or a bank account. It is also not proper to use a degree as a basis for a lump sum (one time) alimony payment.

It is speculative to place a value on a degree (the holder can’t sell it, for example, for a set price). In essence, its value to a person is in the probable increase in future earning capacity. So, Florida courts do consider a degree when creating an ongoing alimony award, as we explained in part 1.

Part 1: Do I get half of the diploma?

Dividing student loan debt in Florida divorce

Two issues can arise in a divorce related to a spouse’s college or graduate school education. First, is a degree earned during the marriage an asset to divide or is it relevant in settling the terms of a divorce? Second, who gets the student loan debt in the divorce?

Which county is proper?

Choosing the right county in which to file your Florida divorce

To begin a divorce proceeding in Florida, one of the spouses files a petition to dissolve the marriage in the state court. The court will only allow a spouse to file a divorce petition if one of the spouses has lived in Florida for at least six months.

Restricting travel to Hague member countries is wise in divorce

International travel, the Internet, educational opportunities, immigration and global commerce make our modern world more and more culturally interconnected. As a result, relationships and marriages between people from different countries are common nowadays. Florida is known for its multicultural population, so we have our share of intercultural marriages.

But when such a marriage breaks down and the parties have children, unique issues of child custody and parental access can arise. During and after a divorce, when one parent has ties to another country, they might consider taking the kids to that parent’s homeland — with or without the other parent’s or the Florida court’s consent.

  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
  • The Florida Bar - Board Certified | Marital & Family Law
  • AV(R) Preeminent Martindale-Hubbell(R) Lawyer Ratings
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