Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A home that is owned by one spouse prior to marriage is that spouse’s separate, non-marital property. But if a mortgage was paid on the home during the marriage with marital funds, the non-owning spouse is likely owed a credit in equitable distribution for the payment of those funds. This was an issue in the case Kerrigan v. Page, 2D2023-2186 (Fla. 2d DCA December 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, an interesting issue arose in which the former husband sold his interest in the marital home (which was in foreclosure at the time) to a company owned by his mother and then deposited the sale proceeds into the court registry in an attempt to redeem the property. On appeal was the court’s ruling that the sale proceeds were subject to distribution in the divorce, and the court denied the former husband’s mother’s company’s motion to intervene and stay disbursement of those funds. The case is Meruelo v. Meruelo, 3D23-0617 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a pension divided in a Florida divorce? It may seem difficult to divide a pension when a spouse is not yet retired, and therefore the amount to which the spouse is entitled is not yet known. However there are generally two methods in Florida for distributing a future pension benefit in a Florida divorce: “The first is to order an ‘immediate offset,’ in which the court distributes the portion of the pension's present value that was earned during the marriage. [internal citation omitted]. This marital interest is calculated by multiplying the present value of the pension by a ‘coverture fraction’ in which the denominator is the total time the employee has participated in the retirement plan and the numerator is the time the employee has been married during that participation. Id. [. . .] The other, simpler option is a ‘deferred distribution.’ Under this approach, the court must have evidence of the amount of the employee's benefit assuming ‘he retired on the date of the final hearing without any early retirement penalty.’ Id. ‘The court then multiplies this dollar amount by the percentage to which the other spouse is entitled.’ Id. This results in a fixed dollar amount that is to be deducted and paid to the other spouse each time the pension holder receives a pension benefit.” Pension valuation and distribution was discussed in the case Cancel v. Cancel, 2D2023-0471 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Loans from family members to one spouse or both may be a common occurrence. How are these loans treated in equitable distribution during a Florida divorce? This was an issue in the case McHugh v. McHugh, 5D2023-3130 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Debts acquired during a marriage are presumed to be marital debts. The spouse claiming otherwise has the burden to show that the debt is actually non-marital and/or that the other spouse should be solely responsible for the debt. The court must make findings concerning the debt and why it is the sole responsibility of one spouse. This was an issue in the case Lapomarede v. Pierre, 4D2024-0037 (Fla. 4th DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the effect of voluntarily dismissing a Florida divorce case? Under the rules of procedure, the person filing a petition for divorce is authorized to voluntarily dismiss it at any time before a hearing on a motion for summary judgment or before submission of the case to the court for a decision. Once a case is voluntarily dismissed, the court loses jurisdiction to make any further rulings in the case and it is considered closed. This was an issue in the case Pettineroli v. Pettineroli, 3D23-1555 (Fla. 3d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a Florida divorce court required to apportion to one spouse investment losses as a debt in equitable distribution? This was an issue among others in the case Ouslander v. Ouslander, 4D2023-2479 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Delay in resolving a Florida divorce case can lead to complications which cost both sides a lot of money and potential “headache”. An appellate case which illustrates this is Kranci v. Kranci, 4D2023-1808 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Having a court reporter present at a trial in your Florida divorce case may be important to your right to appeal. Many appellate cases have been dismissed or not substantively considered due to a lack of a transcript. As stated in Rojas v. Otero, 3D23-1113 (Fla. 3d DCA November 13, 2024): “Consequently, where, as here, there is no transcript from the bench trial below, we are precluded from reviewing factual issues. [. . .] However, even without a trial transcript, reversal is appropriate ‘where an error of law is apparent on the face of the judgment.’”
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, there can be multiple issues regarding equitable distribution, including the chosen valuation date, dissipation and more. These were issues in the case Knott v. Knott, 6D2023-2519 (Fla. 6th DCA September 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida’s constitution protects a homestead in that most creditors are not permitted to levy upon the homestead if a debt is owed. How does this homestead protection affect division of a marital home in a Florida divorce case? This was an issue in the case Toussaint v. Toussaint, 3D23-0812 (Fla. 3d DCA August 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Normally, parents in Florida are not required to fund college education. A divorce judgment or child support order cannot, therefore, force a parent to promise to pay college tuition or expenses for a child. But parties are allowed to agree to do this. Enforcement of payments to a college savings plan was an issue in the case Shernoff v. Shernoff, 4D2023-1704 (Fla. 4th DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a final judgment of divorce in Florida reserve jurisdiction on further equitable distribution on some future date? This was an issue in the case Saxon v. Saxon, 2D2023-0117 (Fla. 2d DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A spouse who pays all of the expenses on a marital home may feel he or she is entitled to all equity in the home. However, this may not be the case because of Florida equitable distribution laws. The case Bellegarde v. Bellegarde, 4D2023-3133 (Fla. 4th DCA August 7, 2024) sheds light on this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse remove funds from a joint bank account once spouses separate? This is a common issue where one spouse is afraid the other spouse will empty an account and leave nothing in the account. This was an issue in the case Molina v. Molina, 4D2023-2629 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party to a divorce is being assisted by a relative in paying for living expenses and/or attorney’s fees, does this mean that party would not be entitled to an award of temporary alimony and/or attorney’s fees? This was an issue in the case Zalkin v. Zalkin, 4D2023-2245 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A marital settlement agreement in Florida will be enforced as written - a court is not free to rewrite the terms of a contract. This is why the wording used in contracts is important. This was an issue in the case Hurley v. Veon, 5D2021-2409 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In valuing a spouse’s goodwill in a business entity, there are multiple ways to approach the issue. Sometimes, future compensation is a consideration when a corporate interest is sold. This was an issue in the case Conde-Berrocal v. Conde, 5D2023-0449 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida the personal goodwill of a spouse who runs a business is a non-marital asset which is not subject to equitable distribution. What about the collective personal good will of a multi-owned business? Would the goodwill of other members be considered in determining the value of the business that is to be awarded to a spouse in a divorce? This was an issue in the case Rosenberg v. Rosenberg, 5D2023-1079 (Fla. 5th DCA June 21, 2024).
