Category Archives: Family Law
Setting the Amount and Duration of Alimony Payments in St. Lucie County
This time last year, the alimony tax deduction change dominated the headlines in this area. Before January 1, 2019, alimony payments were tax-deductible and alimony receipts were tax-reportable. The Tax Cut and Jobs Act eliminated both the deduction and the reporting requirement. A year later, it seems the change has had little effect on… Read More »
Classifying and Dividing Marital Property in St. Lucie County
Like most other jurisdictions in the country, Florida is an equitable distribution state. Marital assets and debts must be divided equitably, which is not necessarily the same thing as equally. Additionally, before they can be divided, they must be classified. Nonmarital property is not subject to division. Port St. Lucie divorce attorneys must be… Read More »
Five Child Custody Factors in St. Lucie County
Until fairly recently, Florida family law was heavily weighted in favor of mothers, at least informally. But now, Florida has a co-parenting law. So, the child custody factors are much more important than they were before. Briefly, a phrase like “joint custody” does not necessarily mean a 50-50 timeshare arrangement. This phrase usually refers… Read More »
Three-Step Property Divisions in St. Lucie Divorces
Florida is an equitable distribution state. All marital property, including both assets and debts, must be divided in such a way that the divorce is not an unfair financial burden for either party. That rule is extremely subjective. So, as outlined below, Florida law sets out a number of property division factors. But before… Read More »
Top Seven Child Custody Factors in Florida
Most good parents agree that divorce child custody and visitation provisions should be in the best interests of the children. However, most parents disagree as to what constitutes a child’s best interests. Furthermore, some parents confuse the best interests of the child with the wishes of the child or the best interests of the… Read More »
Classifying and Dividing Marital Property in a Florida Divorce
In almost all cases, marital property division is either the easiest or most complex portion of a marriage dissolution action. Generally, there is no in-between. If the marriage only lasted a few years and the couple had no assets, property division is usually a straightforward matter, simply because there are basically no issues in… Read More »
Calculating the Amount and Duration of Alimony Payments in Florida
In recent years, many other jurisdictions have significantly revamped their alimony laws. In places like Illinois and nearby South Carolina, alimony calculations are more like child support calculations. A mathematical formula usually controls the results. But Florida law is much more subjective in this area. When calculating the amount and duration of payments, judges… Read More »
Making and Breaking Premarital Agreements in Florida
Granted, there is nothing romantic about a premarital agreement. Yet these pacts are increasingly common, especially among Millennials. A premarital agreement is basically an insurance policy against a protracted and expensive divorce. Although no one expects to die early, most people have life insurance. Similarly, a premarital agreement does not mean you anticipate or… Read More »
Why You Should Have a Premarital Agreement
Divorce is a greater possibility today than it ever has been before. 73 percent of Americans believe that divorce is a morally acceptable way to end an unsatisfying marriage. Divorce often causes significant financial and emotional losses. So, just like it’s important to have flood insurance if you live on a flood plain, it’s… Read More »
Setting and Modifying Child Support Obligations in Florida
Most states, including Florida, are income share child support jurisdictions. The child support guidelines take a number of factors into account so that, as closely as possible, the children have the same standard of living they would have had if their parents remained married. The guideline amounts are presumptively reasonable, and judges very rarely… Read More »
