One of the points we’ve previously mentioned on this blog is that it is important for couples, when dividing assets, to determine what property is separate and what property is part of the marital estate. Again, marital assets include those acquired during the marriage by either spouse, any increase in value and appreciation of separate property resulting from the efforts or contributions of either part during the marriage, and any value tied up in retirement, plans, insurance plans, and other benefit and funds.
Last month, we wrote about proposed changes Florida lawmakers were considering to reform state alimony law. Among the proposed changes was the elimination of permanent alimony as a possibility in Florida.
We’ve been looking in our last several posts at the topic of spousal support or alimony, and when a spouse is entitled to support under Florida law. As we noted, several types of alimony are awarded in Florida—rehabilitative, durational and permanent—and the conditions for an award are bound by certain conditions and determined by judicial discretion.
In our last post, we began looking at some of the factors Florida judges consider when determining entitlement to alimony. As we noted, the various factors go to both the type and amount of alimony, and there are several types of alimony available.
Last time, we began discussing the important topic of protecting business assets from being divided in divorce. As we noted, one important issue in dividing business assets is to determine the share in those assets to which each spouse is entitled, and this can be complicated. Ideally, couples will take appropriate steps to protect their business assets well in advance of divorce, making the issue easier to address.
Child custody and property division are typically the most important issues that are dealt with in the divorce process, though in some cases alimony can also be an important issue. This is especially true in cases where a former spouse, for whatever reason, faces the strong prospect of difficult financial circumstances after divorce.
We’ve been discussing in recent posts the issue of asset-hiding in property division, and the importance of working with an experienced attorney to minimize the possibility of asset-hiding. As we mentioned last time, an experienced attorney will know how to make best use of the discovery process to obtain as much evidence as possible about the opposing party’s financial profile.
Previously, we began discussing the discovery process in the context of property division, and the importance of working with experienced legal counsel to gather all the evidence necessary to reach a just resolution to the case. Of particular concern, we noted, is the possibility of asset-hiding.
Determining who gets what property in divorce is one of the central issues couples have to work through in divorce. Different couples, of course, have different financial profiles and circumstances, and need to build an appropriate negotiation strategy based on these factors.
Along with the right to marry comes the right to divorce.