Why is a prenuptial agreement important and what purpose does it serve? A prenuptial agreement is a contract between two adults, and it can cover a myriad of issues, limited only by the imagination of the contracting parties. A prenuptial agreement most definitely, and frequently will, alter the rights of the parties should a divorce…
Continue reading ›A person claiming entitlement to any credits or set offs from the marital home must provide for these items in their marital settlement agreement. If there is no agreement, and this issue is to be resolved by the court, the court will consider the factors in Florida Statute 61.077. Among those factors are the following:…
Continue reading ›Generally speaking, a divorce should be a private matter. The proceeding often times involves sensitive and personal issues, which should not be made public. However, in Boca Raton, Fort Lauderdale and in other courtrooms throughout south Florida, contested divorce proceedings are conducted everyday. Many times someone will say something, in a fit of anger or…
Continue reading ›Equitable distribution of retirement accounts in Florida, including 401(k) accounts, is governed by Florida Statutes 61.075. To first determine if in fact a particular retirement account is a marital asset, you first have to understand the definition of a marital asset. A marital asset is defined as any asset acquired during the marriage, either individually…
Continue reading ›The age old question, which invariably comes up time and time again. The answer to this question is determined by examining the reason why an engagement ring is given by one party to the other. An engagement ring is a gift made upon the implied condition that a marriage is to occur. If a marriage…
Continue reading ›We all know that divorce is an extremely difficult time for people to experience. Emotions run high, and often time, all sense of reason and reasonableness vanish during divorce proceedings. Some people like to amicably resolve their differences, and move on with their lives. Others, however, would prefer to make their soon to be ex-spouse’s…
Continue reading ›Military retirement benefits are marital assets and subject to equitable distribution. Florida Statute 61.076. The exception is that military retirement benefits that are based on a disability are excluded from equitable distribution. Abernethy v. Fishkin, 699 So2d 235 (Fla 1997). Disability pension and benefits are not marital assets, and are not subject to equitable distribution.…
Continue reading ›Placing a value on jewelry is a more difficult question. There is ample case law that sets forth the principle that valuations must be based upon competent evidence. Noone v. Noone, 727 So.2d 972, (Fla. 5th DCA 1998); see also Knecht v. Knecht, 629 So.2d 883 (Fla. 3d DCA 1993). In Lassett v. Lassett, 768…
Continue reading ›In every dissolution of marriage action filed in Boca Raton, Fort Lauderdale, or anywhere else throughout the state of Florida, the parties are required to file a financial affidavit which details their income, expenses, assets and liabilities. The importance of filing this document in an accurate manner cannot be over emphasized. What happens when assets…
Continue reading ›In every dissolution of marriage action, marital assets must be identified and valued. The critical question that is in dispute often times becomes as of what date are those assets to be valued? Section 61.075(6), Florida Statutes (2004), provides a bright line rule for classifying marital assets and liabilities. Absent a valid separation agreement, the…
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