Divorce Attorneys

Imputed Income in Child Support: What Triggers It

Imputed Income in Child Support: What Triggers It

TL;DR: Imputed income in child support allows Florida courts to assign earning capacity to a parent who is voluntarily unemployed, underemployed, or concealing income. The triggers are specific: deliberate underearning, voluntary job changes that reduce income, or...
Strategic Parent Designation: Tax Benefits at Stake

Strategic Parent Designation: Tax Benefits at Stake

TL;DR: Choosing which parent claims a child as a dependent on tax returns can mean thousands of dollars in credits and benefits. Florida law does not automatically assign this right to the custodial parent, and many parenting plans leave it unaddressed until tax season...
Cohabitation Evidence: What Ends Alimony Payments

Cohabitation Evidence: What Ends Alimony Payments

TL;DR: Alimony obligations in Florida can end when the receiving spouse enters a supportive relationship that resembles marriage, but proof demands more than suspicion. Courts evaluate specific factors under Florida Statute 61.14, and the burden sits with the payor to...
Marital vs. Nonmarital Property: When the Line Blurs

Marital vs. Nonmarital Property: When the Line Blurs

TL;DR: Some assets walk into a marriage already yours, then years of joint payments, title changes, or commingled accounts erase the line between marital and nonmarital property. By the time someone files for divorce, the question of who owns what has become a forensic...
Temporary vs. Permanent Alimony: How Courts Decide

Temporary vs. Permanent Alimony: How Courts Decide

TL;DR: Florida courts weigh the requesting spouse's need against the other spouse's ability to pay, then match alimony type and duration to the length of the marriage and the circumstances that justify support. Temporary alimony bridges the gap during litigation;...
Retirement Accounts in Divorce: Protecting Your QDRO

Retirement Accounts in Divorce: Protecting Your QDRO

TL;DR: A Q ualified Domestic Relations Order (QDRO) is the legal instrument that divides retirement accounts in divorce, but its protection depends entirely on execution. The marital settlement agreement does not transfer pension or 401(k) assets; the QDRO does. When...

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