A common question we get about splitting up “stuff” is: Do we each get half of the marital assets? Florida law says that the starting point for dividing marital property, assets, and liabilities is 50-50, but 1) there are many exceptions to that law, and 2) individual assets and liabilities sometimes cannot be divided. Consider […]
Month: October 2013
Parenting Plans – The Difference Between Parental Responsibility And Timesharing
If you are facing divorce and have children, you will need to create a parenting plan that complies with the laws surrounding shared parental accountabilities. This plan must consider three main areas: child support, timesharing, and parental responsibility. In the state of Florida, parenting plans must address parental responsibility and timesharing independently. Parental responsibility deals […]
Alimony In Florida, A Thorny Issue
The Florida legislature enacted Florida Statutes, Section 61.08, to give trial courts the discretion to award alimony to either party in the appropriate dissolution of marriage case. However, the legislature established limits to the trial court’s discretion in awarding such alimony. Foremost, to get alimony in Florida, the trial court must make a specific factual […]
Florida Child Support Laws
When a couple separates and has children together, it is urgent that the father seek advice from an experienced father’s rights attorney as soon as possible. Child support is a legal duty that is paid by both parents and, under Florida child support laws, the obligation to pay child support begins immediately upon the separation […]
Retirement Plans And Pension Division During Your Divorce
Clients often ask us how pension division happens for Individual Retirement Accounts, 401Ks, and other retirement plans during a divorce. After years of investing in these accounts, dividing them up can be a big concern even if the spouses are nowhere near retirement age. There are several ways to proceed with a pension division of […]