Effective July 1, 2023, for all pending cases in Florida and those filed thereafter, will no longer be subject to an award of permanent alimony. Florida, being only one of the remaining 8 states to continue to have permanent alimony, has abolished it. The new act also...
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Family Law
How does retirement for the spouse of a military servicemember work?
Retirement that is earned during any marriage is considered a marital asset unless the parties have a prenuptial agreement that addresses it. In Florida, we use a coverture fraction to determine what portion of the member’s retirement can be allocated to the spouse. You first start with the number of months the parties were married during the service time. That…
Can a spouse file for legal separation in the state of Florida?
Not often can an attorney give a straight black and white answer, but this is easy. No. Florida is one of 6 states that do not recognize legal separation. It doesn’t end there though. Florida does have different ways to get relief without filing for divorce. You can...
Has the Pretrial Order in Escambia and Santa Rosa counties changed?
The family law Pretrial Order in Escambia and Santa Rosa counties has changed effective September 1, 2020. There is no longer a provision that requires equal time until you can see a Judge. No longer are there fall back holidays. How does that impact you? If you are contemplating a divorce, the new order essentially means that the parents still…
Brick and Mortar or Virtual?
Brick & Mortar or Virtual School? That seems to be the question that parents everywhere are faced with. Even more difficult is when the parents are no longer together. There is no bright line rule as to how the children will attend school. Many parents are filing different motions to make their choice, the choice. It comes down to whether…
Which credit cards do I have to pay in a divorce?
When you find yourself contemplating a divorce, one of your questions will be, “Which debts do I have to take?” In Florida, we are an equitable distribution state. That means there is no bright line showing the court how to divide the parties’ property. In some cases, the division of debts and assets are not always 50/50. In Community Property…
Does a sperm donor have parental rights to the child?
The linked article sheds light on a area of law that is becoming more common, sperm and egg donation. More women are waiting later to have children. When my mother was younger, it was normal for women to get married in their teens and become parents in their late teens early 20’s. This may be why infertility treatments weren’t as…
Alimony-New law Cuts both Ways
The new Tax Cuts and Jobs Act (TCJA), cuts both ways on the issue of alimony. If you are a paying spouse, new divorces that are final post 12/31/2018, cannot deduct the alimony paid on their tax return. If you are a receiving spouse, the alimony payment you receive (if entered or modified post 12/31/2018, is no longer taxed. So,…
In a divorce, who pays the child’s college?
In Florida, once your child graduates highschool and turns 18, he or she are on their own. There is no requirement that either parent pay for college. However, if you are that parent who can help, the path is not clear for how to get financial aid. The following are tips to help you navigate: 1. The parent where the…
To Collaborative divorce or not? That is the question:
To Collaborate or not to Collaborate, that is the question. Many have heard about the new collaborative divorce process available in Florida and other states. The claims from attorneys who advocate for this type of law believe that the new process is cheaper, avoids the uncertainty of a court’s decision and avoids the nastiness which comes with a contested proceeding.…