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Hillsborough County Family Law Blog

Understand how inheritances are handled in divorce

When a loved one leaves a person something in an estate, the chances are good that he or she meant for that individual to have the assets. If the person is married or gets married and that ends in divorce, the discussion about what will happen to the inheritance might come up.

There is a chance that an inheritance could be split between both parties if there is a divorce. One of the times when this might happen is when the inheritance assets are comingled with the marital assets. In this case, the court might view the inherited assets as property that can be divided. There are ways that you can protect these assets if you plan carefully.

Don't bypass the need for a prenuptial agreement

There is something very concerning about the state of many high asset marriages these days. This is the fact that many of these marriages don't have a prenuptial agreement in place. Some people might not have realized that they would need this agreement one day. What can follow is a tragedy that includes a contentious divorce settlement.

Couples who are engaged can learn a lot from watching what happens when couples divorce without a prenup. The basic lesson is that working together while you are on good terms is much easier than trying to work together when things are tense.

What does the judge consider when assigning alimony?

Spousal support is probably one of the things that divorcing couples fight over the hardest. That makes it particularly important to understand a few things about spousal support, or alimony, before you divorce.

1. Spousal support is not gender-specific. A woman can pay a man just as easily as a man can pay a woman.

How equitable distribution affects property division in Florida

When you're getting a divorce, some things seem easier to figure out than others. Property division, even when you don't think you have much to divide, can end up being more complicated than you realize.

Who gets the couch? Does the other person get the bed? Who gets the laptop? Does the other person automatically get the Kindle? What about the dishes you bought together on vacation in New Mexico?

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.

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Pilka & Associates, P.A.
213 Providence Road
Brandon, FL 33511

Phone: 863-236-9321
Phone: 813-653-3800
Fax: 813-651-0710
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Lakeland, FL 33801

Phone: 863-236-9321
Phone: 863-687-0780
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