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Hillsborough County Family Law Blog

Political unrest divides families and marriages

One of Florida's top "power couples" had everything that a lot of people dream about: health, personal recognition and plenty of material wealth -- but their marriage came to a grinding halt over their deeply held (and deeply opposing) political views.

The wife, a former cheerleader for the Miami Dolphins, and the husband, a successful attorney, had only been married a couple of years when the current political climate of the nation tore their marriage apart.

Should I have a forensic accountant on my divorce team?

Divorce in legal terms is mainly about the division of assets, and although it maybe be simple in theory, the reality of a high asset divorce with complex financial portfolios is anything but straightforward.

Because of this complexity, small aspects of wording in documentation can cause enough damage to create financial havoc years down the line. Therefore, it's extremely important that you look into the option of hiring a financial sub specialist as part of your team.

Understand how alimony might impact your divorce

Alimony isn't a consideration in all divorces, but when there is a reason to think that it will be a point in a case, it is imperative that both sides learn what might come into the picture. We recently discussed how some women are all for alimony reform and discussed some of the points that are considered when alimony is a factor.

It is important to remember that men and women can both be awarded spousal support. With the increase in the number of stay-at-home dads, it is possible that man who stays home with the children might receive alimony during the divorce to help him get on his feet while he works to enter the workforce again.

Why women are all for alimony reform

Most people think of women as the automatic winners when it comes to alimony -- but the days where women may have needed alimony in order to survive are long gone. The barriers that kept women from working outside of the home and earning a livable wage are no longer in place.

Many modern women are actually in favor of alimony reforms that could eventually eliminate permanent alimony in almost all cases and drastically reduce temporary alimony in others. They have good reason to be. While alimony is still mostly paid by high-earning ex-husbands to their ex-wives, more women than ever are finding themselves paying alimony to an ex-spouse that they feel is perfectly capable of earning his or her own living.

Hiding funds isn't unusual in divorce

Sometimes, divorcing spouses play a type of financial shell game with their finances -- they claim ownership of certain funds and assets when it benefits them and then disavow that same ownership when it's inconvenient for their divorce.

That's particularly true among families that hold a lot of investments or assets together, especially if some of those assets and investments happen to be overseas.

What is donative intent in Florida divorce law?

If you're about to be divorced in Florida and you have significant assets or land holdings, one term you need to be familiar with is "donative intent."

During any divorce, it's important to determine which property belongs to each spouse separately and which property is part of the marital assets.

Spousal support payments aren't automatic in Florida

When you have counted on your spouse for the majority of the income in the house, there is a chance that you are worried that you will be left high and dry during the divorce. Alimony orders are one way that people who have relied on a spouse for money might be able to keep up with the costs of living.

Alimony payments aren't automatic in Florida. Instead, you must petition the court for these payments. Your now-ex might fight against these payments. If it comes down to the court deciding about alimony payments, there are several different things that are considered. These include the length of the marriage and the possibility of you supporting yourself.

Military divorces have very unique considerations

Military life is hard on families, and some families don't make it. When a military member goes through a divorce, there are some specific points that must be considered that aren't a part of civilian divorce.

If you are going through a military divorce, one of the first things that you have to do is to decide what jurisdiction you are going to file in. This can be where you are stationed or where your permanent address is located. You must ensure that you meet the residency requirements for whichever option you are going to use. Look into the specific points that will apply to you in each jurisdiction since these can vary greatly from one state to another.

Weigh your options for a business during a divorce

Divorces are hard journeys for many people. For business owners, there is a dynamic that isn't present in other divorces. These individuals have to think about how the divorce will impact the business.

It is imperative that you think carefully about what you are going to with the business since you are divorcing. You do have options here. We can help you to investigate how your preferred option might impact you.

Alimony bill fails to make it onto Florida's legislative session

Alimony reform advocates and The Florida Bar have joined forces and reached accord regarding overhauling the state's alimony system. However, no proposals will make it onto 2017's legislative session.

The state senate chairman for the Children, Families and Elder Affairs announced that the bill isn't scheduled for a hearing during this year's legislative session, claiming there were "more pressing issues" for the legislature to take up to protect "the safety and welfare of children."

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Pilka & Associates, P.A.
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Brandon, FL 33511

Phone: 863-236-9321
Phone: 813-653-3800
Fax: 813-651-0710
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