Whether or not an asset is “marital” or “nonmarital” is often a key issue in a divorce. Marital assets are generally considered jointly owned by both husband and wife, and it is usually up to the court to decide how those assets will be distributed. Nonmarital assets, however, are considered…
There are two situations where you might like to get back the rather expensive ring you bought your bride before your relationship ended: a broken-off engagement or a divorce. The answer to “who gets the ring?” is different in each situation. Broken-Off Engagement: engagement rings are considered “conditional gifts.” In…
Because the beneficiary designation was never updated post divorce finalization, the Supreme Court of Florida has ruled a former spouse still entitled to death benefits payable from a retirement plan. Unambiguous language in the Marital Settlement Agreement can avoid a beneficiary designation even where a spouse has neglected to remove…
The short answer to this question is, unfortunately yes. If, in a divorce, one party is granted sole exclusive use and possession of the former marital home the other party could still be held responsible in the event of a default on the mortgage. Thus, even if the former marital…
The Daily Pitch is reporting that Frank and Jamie McCourt have reached a divorce agreement that will give Frank McCourt, the Los Angeles Dodgers Owner, sole control over the Dodgers. Jamie McCourt, on the other hand, will be leaving the marriage with a hefty $130 million in her pocket. The…
Premarital agreements in Florida are an important tool if you wish to keep your assets private during a marriage. While such agreements may never come into play if the marriage lasts, they can be incredibly important in the event of a divorce in Florida. Florida is one of the many…
The National Federation of Independent Business estimates that there are more than 1 million husband-and-wife business partnerships. Considering the divorce rate has remained relatively stable during the recession, it is only natural that some of those partnerships end in divorce. Almost all divorces can get tricky when it comes to…
Whether or not an asset is “marital” or “nonmarital” is often a key issue in a divorce. Marital assets are generally considered jointly owned by both husband and wife, and it is usually up to the court to decide how those assets will be distributed. Nonmarital assets, however, are considered…
Florida law stipulates that marital assets and liabilities are to be divided equitably upon divorce, in legal jargon this is referred to as equitable distribution. However, equitable distribution may not always mean equal division. Each and every divorce case is different. Florida courts look at many factors when determining which…
As a Jacksonville, Florida divorce lawyer and Florida child custody attorney, I have a lot of clients who have not married but have lived together and have a child together. When these relationships come to an end, many times the couple has acquired some property together. The property acquired during…