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Hillsborough County Family Law Blog

Is art valuation too subjective?

Artwork is just like any other asset during a divorce. It has to be divided. It's a marital asset. Some have compared it to simple things like pots and pans. Is there really any difference between a painting that a couple bought and a new couch or a shoe collection?

There is one potential difference: the value. Some people have art collections -- or even single pieces -- that are worth millions of dollars. Some collections reach upwards of a billion dollars. While these may be assets in the same way that pots and pans are, they're clearly a different animal when you're trying to break that down during divorce.

Tips for modifying your child support payments

You want to modify your child support payments. It's not that you don't want to pay, it's just that the amount you were ordered to pay in the divorce no longer fits your life.

Maybe you lost a big contract. Perhaps your business hasn't been doing well. Some of your investments may have tanked. Maybe you had another child and have more financial obligation. There are plenty of reasons why the court order may appear outdated.

The complexities of dividing a business during divorce

Think it's hard to split up your assets when you get divorced? Try splitting up a business.

It's an incredibly complex situation in which it's often very hard to find a resolution that makes everyone happy. It's also very common. The U.S. Census Bureau says that about 3.7 million businesses are owned jointly by married couples.

What happens to my engagement ring when I divorce?

When couples divorce, as you imagine, splitting up assets can get quite contentious, especially if the assests that are being fought over are expensive, sentimental or rare. In the case of a wedding or engagement ring, it can easily be described as all of the above. With that in mind, you're probably wondering how it's handled then when property is divided up.

Although it might make sense to your husband that, as the original purchaser, he should once again retain ownership, judges often don't interpret the law the same way. They generally think of an engagement ring as a gift that was given by the man to his prospective wife in exchange for her promising to marry him. As a result, they're often unwilling to require the recipient to hand over the gift.

Practices require special considerations during a divorce

Many challenges exist when you are trying to get a divorce. In the case of professionals who are self-employed, such as doctors who have their own practice, making a plan to deal with the practice must be made a priority. The last thing that you need is to lose your practice in the property division process.

We understand that you might not be sure about what to do to save your practice. There isn't any one size fits all solution to this issue, so you need to look at the individual circumstances of the case. For example, the presence of a prenuptial agreement will affect whether you can hang on to the practice. Not having a prenuptial agreement could mean that you have to fight harder to keep what you've worked hard to build.

How to handle it when an ex isn't paying spousal support

Getting the court to order your ex-spouse to pay support was only part of the battle -- now you have to actually collect on it.

That's not always easy to do. Some ex-spouses see spousal support as "not their problem" the moment that they're no longer married -- they can get so fixated on their ex and what their ex might be doing with "their" money that they forget that they're violating a court order.

Determine what to do with the marital home in divorce

Many different decisions must be made when you are going through a divorce. One of these is what you are going to do with the marital home.

There are four options for this:

  1. Sell the home before the divorce
  2. Sell the home during the divorce
  3. One person buy out the other person's share
  4. Sell the home after the divorce

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.

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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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