In part 1, we explained that under Florida law the marital estate usually consists of the marital assets and debts as of the date of the divorce petition filing – called the cut-off date. The marital estate is the totality of property and liability equitably...
Property Division
Separated but still married in Florida? It could end up costing you, part 1
It is not uncommon when a marriage breaks down for one spouse to move out of the marital home in anticipation of eventual divorce. Every couple is different – one might file for divorce immediately to get it done as soon as possible, while another might want to give...
This land is your land, this land is my land
Property appraisers and their role as real estate experts in Florida divorce litigation One of the most consequential parts of divorce is the division of real property, meaning land and buildings, between the spouses. Sometimes a couple can negotiate how they will...
Better than flowers: The abandonment of prenuptial agreements by action in Florida
If your marriage is deteriorating and you anticipate divorce, you might not expect flowers for Valentine’s Day this year. But it might make you happier than flowers would have should you learn that because of the actions of you or your spouse during the marriage,...
What’s mine is yours? Dividing rental property in Florida divorce
What’s it really worth? Rental property can be a good source of income during marriage, but what happens to this asset when a couple divorces? It is frequently more complicated than you might think. Equitable division Florida law requires the equitable division of...
Day late and a dollar short? Can a Florida couple dispose of a marital asset middivorce?
After a spouse files for divorce in Florida and while the proceedings are pending, the parties should not “intentional[ly] dissipate[e], waste, deplet[e], or [destroy] marital assets,” to quote Florida statute. Should a spouse sell or otherwise transfer or destroy...
Who is naughty, and who is nice? Part 2
Is your soon-to-be-ex concealing assets during a Florida divorce? In today’s post, we continue our consideration of the phenomenon of a divorcing party hiding or transferring assets out of reach or knowledge of the other spouse to avoid sharing it in the divorce...
Making a list, and checking it twice, part 1
What happens if your spouse is hiding assets from you in your Florida divorce? Unfortunately, not everyone behaves honestly when faced with dividing marital property in a divorce. Soon-to-be exes may try to conceal assets to keep for themselves. Or, they might even...
Who gets what? Equitable distribution does not mean equal distribution
In a Florida divorce, marital property is divided according to the “equitable distribution” standard. As is often explained, dividing property equitably between spouses does not necessarily result in a 50-50 split of marital assets. Instead, equitable distribution is...
How much benefit is there for a pension survivor beneficiary really?
Whether Florida ex-spouses are entitled to benefit from salary and cost-of-living increases to their ex’s pension post-filingOne of the most important decisions in divorce is the division of marital property – and one of the more complex parts of that decision...
The Law Office of Forrest & Forrest, PLLC represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
