Category: Divorce & Family Law

The Governor has signed a bill into law which creates a rebuttable presumption that equal time-sharing is in the best interest of the child, CS/HB 1301 - Parenting and Time-Sharing of Minor Children. What does this mean?

Florida legislators have approved significant reforms to Florida’s alimony law and SB 1416 will head to the Governor's desk for signature or veto. If the bill is approved by the Governor, it would have dramatic effects on the future of alimony awards in dissolution of marriage proceedings. However, it would not have retroactive application to previous awards ordered by the courts.

Generally speaking, a person’s alimony obligation terminates if his or her ex-spouse gets remarried. In some states, such as Florida, laws have been passed allowing alimony to be terminated if one’s former spouse enters into a supportive relationship. A supportive relationship is, simply put, two unrelated persons holding themselves out as spouses who reside together and provide support or services to one another. Florida’s divorce laws notwithstanding, divorcing spouses are free to craft their own agreements as to alimony and the reasons for which it can be terminated.

Taxes issues and consequences are a continuous fact of life. It is important, to look at tax effects and tax consequences when you are going through a divorce. The following is an outline of some of the important things to consider as part of your divorce case.

Pensions and retirement assets are often among the largest and most significant assets at issue in a divorce proceeding. Florida’s equitable distribution law recognizes that some retirement assets are marital, some are non-marital and others are a combination of both.

Chapter 742.18 of Florida Statutes specifies the requirements for seeking a disestablishment of paternity or a termination of a child support obligation in circumstances wherein the male is not the biological father of the child.

One of the marriage difficulties that predictably leads to divorce is one spouse’s alcohol abuse or other addiction - to gambling, sex, food, drugs or spending. Over time, these habits erode the relationship and wreak havoc on finances.

Chapter 751 of Florida Statutes dictates the requirements for legal and temporary custody of a minor child by an extended family member. As reflected in Chapter 751, many minor children live with and are cared for by members of their extended families. However, what happens when that family member needs to take extended care of a minor child?

The Florida legislature attempted to eliminate permanent alimony three times over the past ten years. However, those bills were vetoed twice by then Governor Rick Scott and once by current Governor Ron DeSantis. For better or worse, alimony is alive and well in Florida. As it stands now, alimony in Florida is governed by a law passed in 2011, which substantially overhauled the old alimony law and many court opinions arising from it.

On June 17, 2022, the ‘Alimony Reform Bill’ that passed both chambers of the Florida legislature this past legislative session, was sent to Florida Governor DeSantis’ office for review. The Governor has until the end of this month to approve the bill and make it law, veto the bill, or if the Governor does not take action either way, it will automatically become law in Florida, effective July 1, 2022.