Author: Paul E Rice, Jr. - Board Certified Divorce Attorney

Despite consensus between the Florida Bar’s Family Law Section and alimony reform advocates, it’s unlikely that Florida’s alimony laws will be overhauled this year. The Florida legislature twice sent reform legislation to Governor Rick Scott, who vetoed both efforts in 2014 and 2016.

Divorce can be acrimonious. Spouses often wrestle over who gets the family home, the timeshare in the Keys or even the big screen TV. But, what about the family dog or cat? If the parties are going to split custody of the kids, then why not share the family pet.

1. Is my retirement account a marital asset? Answer: Any contributions to a retirement account during marriage together with the increased value of those contributions due to market gains are considered a marital asset. The fact that the account is just in one spouse’s name and further that the contributions were made by the employee spouse or his or her employer does not affect the marital character of this account.

The husband in a Florida divorce action versus Brevard County forged his wife’s name on a home equity line of credit (HELOC) to cover his obligation to invest $100,000.00 in a start up bank, where he sat on the board of directors. The wife later learned of the HELOC when the lender called threatening to foreclose on the home due to non-payment.

Choosing a lawyer these days is much different than it used to be. Back in the day, communities were smaller and there were less lawyers from which to choose. Most people in town knew the names of the best lawyers or knew who to ask to find the names of the best ones. Over the past 20 years, law schools have sprung up all over the state of Florida.

As a divorce attorney with over 30 years of experience, I can tell you first hand that marital infidelity is the number one cause for the breakup of marriages. While a researcher might say my evidence is anecdotal, client after client appears for their initial divorce consultation asking, “Does it matter that my spouse is cheating on me?” The short answer is no.