Author Archives: Jay Butchko
My Military Spouse Cut Me Off!
Every branch of the U.S. military requires a divorcing servicemember to continue to provide for their family during proceedings. However, it is unfortunately common for those going through a divorce to simply refuse – they may reroute payments, hide assets, or simply openly refuse to provide for a spouse and children. To do this… Read More »
Do “Postnuptial” Agreements Exist?
Prenuptial agreements, called ‘prenups,’ are more and more common nowadays, appreciated for their ease of use and relative simplicity. Florida’s laws governing prenups are also fairly broad, granting a healthy amount of leeway over what a prenup can settle and what it cannot. Some couples, however, may get married without one, and then seek… Read More »
The Pros & Cons Of A Florida Prenup
A prenuptial agreement (“prenup”) is a contract between two people intending to marry. Its purpose is to establish certain assets as ‘separate’ property – and to clarify the ways that property can and cannot be disposed of during the marriage. A prenup is a benefit for many couples in many situations, but for some,… Read More »
Establishing Paternity & Child Support In Florida
Child support is a right that belongs to the child, rather than their parents; what this means is that if a child’s father is not legally established, they do not have the right to collect child support from him. It is not uncommon for a single mother to file an action for parentage (paternity)… Read More »
Can I Avoid Florida Probate Altogether?
When a person passes away in Florida, most of the time, their beneficiaries do not want to be burdened with the long, drawn-out process of probate. However, most of the time it cannot be avoided, either because the deceased person did not properly plan their estate, or they had assets that are required to… Read More »
Disability Benefits In Military Divorce
Unless they are disqualified by the circumstances of their discharge, anyone who serves in the United States Armed Forces has the right to claim certain Veterans’ Affairs (VA) benefits. This can include a pension, healthcare, home loans at discounted rates, and burial honors, among other things – but disability compensation is one of the… Read More »
Support For A Dependent Adult Child
In the strong majority of Florida child support agreements, monetary support will cease at the time the child (or children) reach age 18. However, there are exceptions, particularly when there continues to be a demonstrated need for financial support to continue. Adult children who remain dependent on their parents past the age of 18… Read More »
Can Unenforced Community Association Restrictions Be ‘Revived?’
There are many different documents that govern a Florida community association: bylaws, the Declaration of Condominium, the conditions, covenants and restrictions (CC&Rs), and other rules that may have been passed by the board. In theory, they are meant to be observed and followed, but over time, it is not uncommon for enforcement to grow… Read More »
The Process Of Dividing Military Retired Pay
Just like the marital home or the automobile, a military servicemember’s retired pay is an extremely valuable asset in many divorces. However, it can also be one of the most difficult to distribute, because of the confusion that often surrounds it. This is especially true if one spouse is a servicemember and the other… Read More »
The Nuts & Bolts Of Florida Prenuptial Agreements
Prenuptial agreements, shortened to ‘prenups,’ were formerly a tool primarily for second marriages, particularly when an older spouse sought to protect certain assets from a younger one. Over time, however, prenups became more and more common among couples, even very young people entering into a first marriage. If you believe that a prenup would… Read More »