Unequal distribution in Florida divorce is one of the most misunderstood areas of equitable distribution litigation. Florida law begins with a strong presumption that marital assets and liabilities will be divided equally. However, section 61.075, Florida Statutes, expressly permits a trial court to award an...
Imputed income in Florida alimony cases is one of the most contested and misunderstood issues in dissolution proceedings. When one spouse claims inability to work or reduced earnings, Florida courts may assign a hypothetical income for purposes of calculating alimony. In Miami-Dade County, where high...
Many parents entering a divorce or paternity case ask the same question: do Florida courts favor mothers in child custody cases? The concern is particularly common among fathers who fear that the court system will automatically prefer the mother when determining time-sharing and parental responsibility....
Few issues in family law are as complex, or as financially consequential, as dividing a business in a Florida divorce. When one or both spouses own an interest in a closely held company, a professional practice, or a family operating business, the dissolution proceeding suddenly...
One of the most common questions asked in divorce consultations is regarding the qualifications for alimony in Florida. The answer is nuanced because Florida law does not impose a single universal duration requirement for all forms of spousal support. Instead, the length of the marriage...
Divorce affects taxes in Florida in several important ways, particularly regarding alimony treatment, property transfers between spouses, dependency exemptions for children, and filing status. Although Florida does not impose a state income tax, federal tax law still governs most financial consequences of divorce. As a...
In Florida family law litigation, the unclean hands doctrine can influence whether a court grants equitable relief during dissolution proceedings. Florida courts operate under the long-standing equitable maxim that a party seeking equity must come to court with clean hands. This doctrine allows courts to...
The issue of moving out of the marital home and its interplay with child custody in Florida is a question frequently raised during the early stages of divorce and separation. In Miami and throughout Florida, parents often worry that leaving the marital residence may harm...
Married less than 3 years in Florida? Learn which alimony types are available and which are barred. Miami family law attorney explains your options....