If you are a party to a divorce or post-divorce proceeding, or are contemplating filing such a case, you should consider the issue of attorney’s fees. Depending on the factual circumstances of your case, a trial court may have authority to order you to pay a portion or all of your spouse’s attorney’s fees and […]
Category: Divorce
Dividing Marital Property – Part II
Recently, we spoke of QDROs as a tool used to distribute retirement accounts. Another tool that is less often used is known as an immediate offset. It is less often used because there must be other assets of similar size that one can use to offset the retirement plan. Consider the following example ITEM […]
Dividing Marital Property – Part I
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 […]
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 […]
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 […]
Telling Your Child About The Divorce
Campbell, seven years old, was sitting in my office, trying to learn how to get along better with children on the playground. In the midst of describing how difficult it was to remember which parent was supposed to help her with her homework that night, she whispered: “Can I tell you a secret that really […]
Flu Is Here: 5 Things Parents Must Do
The flu is here, big time. According to the most recent influenza (flu) surveillancefrom the Centers for Disease Control and Prevention (CDC): * 29 states are reporting high activity, 16 are reporting moderate (up from 9 the week before) and 47 say that there are flu cases throughout the state. * Hospitalizations for flu have […]
Going Through A Gray Divorce? Focus On Your Retirement Savings
Chalk it up to longer lifespans, broader cultural acceptance of divorce or the effects of an empty nest, but calling your marriage quits later in life is becoming increasingly common. A study from the National Center for Family & Marriage Research at Bowling Green University in Ohio found that one in four people going through […]
Sharing Special Events
One of many emotionally wrenching decisions divorced parents are forced to make is how to share time with their children during holidays, school vacations, and during other special events (Mothers Day, Fathers Day, or parents’ birthdays). Here are a few strategies to consider in making a plan for sharing holidays. Please see Ten Tips for […]
Going Through A Divorce With A “Special Needs” Child In Texas
Going through a divorce can be a difficult time for all family members, including the children. The stress of dealing with a child that has a serious illness or difficulty prior to the initiation of a divorce may accelerate during the divorce process. We call such a child the “Special Needs Child”. This child has […]