Category Archives: Divorce
Can I Undermine My Florida Own Prenuptial Agreement?
Statistics show that the U.S. divorce rate hovers around 40 percent for first marriages, and is even higher for second and third marriages. Because of this, many couples execute prenuptial agreements (referred to as ‘prenups’) before they get married, so that they can hopefully eliminate potential issues during divorce proceedings. However, sometimes, a person’s… Read More »
What Happens To A Spouse’s Military Benefits After Divorce?
When a civilian spouse divorces their military servicemember spouse, one of the primary concerns they may have is what will happen to the privileges or benefits they have become used to during the period of the marriage. The spouses of military servicemembers are entitled to certain perks, but upon divorce, only a few can… Read More »
What Is A QDRO?
When two people are in the process of getting a divorce, retirement pension plans are often one of the assets most hotly contested, especially if the couple is middle-aged or older. However, unlike most marital assets, retirement plans cannot simply be divided down the middle – federal law requires a more drawn-out method of… Read More »
What Is A Postnuptial Agreement?
Many people are familiar with prenuptial agreements, but few are familiar with postnuptial agreements, simply because they are not often necessary. However, they are being used more and more by couples who seek to either modify a prenup or to set down rules on issues that were not discussed before the marriage. If you… Read More »
Equitable Distribution of Pensions in Florida
In a Florida divorce, a pension is often a prized asset, especially when there are few others to divide. However, pensions are a somewhat unique item in that they are governed by specific laws mandating their division, instead of a family court judge simply splitting them in half or dividing in another appropriate way…. Read More »
Overturning A Florida Prenup
Prenuptial agreements are meant to be set in stone to a reasonable degree. This means that most of the time, it is not possible to invalidate or overturn a prenup. However, there are exceptions in which a provision of the agreement might be able to be invalidated. If you have been stuck in a… Read More »
What Is Imputed Income?
Child support is a right owed to every child from their parents. If the parents choose to divorce, the court will usually assign a certain amount of child support to be paid each month, from the noncustodial parent to the custodial parent (in trust for the child). However, sometimes the noncustodial parent will try… Read More »
Military Pensions and the USFSPA
During their service, military servicemembers accrue points and service time toward their pension vesting, as many employees do with their employer. However, servicemembers are not allowed to access the principal at all until they have served at least 20 years, and when they do, it is divisible in divorce. If you are going through… Read More »
Identifying Marital Assets In Florida Law
Florida is an equitable distribution state, meaning that upon divorce, all assets will be split into marital and separate property. Separate property, as one might guess, remains the property of the individual spouses, while marital assets and debts are divided in a fair, or ‘equitable,’ manner. However, sometimes it can be difficult to classify… Read More »
Sudden Changes To Child Support
When people with children get divorced, they must make provision for child support in all but the most rare circumstances. It is possible, over time, to modify a support agreement, though, especially if a significant or sudden change occurs in your life or in the life of your child or children. If a change… Read More »
