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Posts tagged "Divorce"

What is the gray divorce phenomenon?

Divorce at any age can be emotional. Not only are you faced with the task of dividing marital property you have accumulated during the marriage, but there are financial issues that must be addressed before the final settlement is approved. This can be especially difficult if you are over the age of 50 years. Although you may believe that the longer you stay married, the less likely you are to file for divorce, a study initiated by Bowling Green University shows differently. According to researchers, the rate of people over the age of 50 who are filing for divorce is steadily increasing. While only one in ten people in this age bracket filed for divorce in 1990, one in four filed in 2009 and the numbers have risen. It is predicted that the number of post 50-year-old divorces could reach 800,000 by 2030.

What constitutes a fair and equitable property settlement?

When you and your spouse get a Florida divorce, the law requires that you divide your marital property fairly and equitably between you. But what exactly does “fair and equitable” mean? Unfortunately, no clear-cut definition exists. What may be fair and equitable for one couple could be completely unfair and inequitable for another.

Accounting for all marital property in a divorce

People who file for divorce in Florida, must face a myriad of issues, including child custody, alimony and child support. One of the most difficult may be that of property division, as people may develop an emotional attachment to the items accumulated during the course of the marriage. During a divorce, however, all marital property is subject to division and both parties must disclose all property. While family homes, vehicles, electronics and furniture are obvious components of marital property, there are other less common items that may not be considered.

Is your Florida prenuptial agreement valid?

If you had the hindsight to devise and sign a prenuptial agreement prior to legalizing your Florida marriage, you may feel comfortable in the knowledge that you and your assets are protected in the event of a divorce. However, while premarital agreements do protect both parties’ interests in a separation, they are not always valid. If you signed your prenup under certain circumstances, or if you or your spouse withheld certain information at the time you created your prenup, the courts may deem your premarital contract null and void.

Will you have to pay manimony when you divorce?

If you have never run across the word “manimony” before, be advised that this is the new nickname for the spousal support payments that an ex-wife pays to an ex-husband after a divorce. It could impact your life if you and your husband obtain a Florida divorce and you earn more than he does.

Can your ex cohabitate with another and still receive alimony?

You may understand the court's decision to award your ex-spouse alimony following your divorce in Sarasota, especially if you were the primary wage-earner during your marriage. Helping out financially until they are able to support themselves may be no problem; what could frustrate you, however, is them purposely trying to prolong you having to pay alimony. In such a case, your payments go from being a needed means of support to almost a form of punishment. 

Social media as evidence during a divorce

Americans cannot seem to distance themselves from social media, whether they are posting a selfie while attending a concert or tweeting a status update regarding a special moment in their lives. Many people do not realize, however, that certain social media posts can be used as evidence for or against them in a divorce case.

Are there different types of alimony?

If you are going through a divorce in Florida, you may be eligible to receive alimony as a source of financial assistance. Alimony is designed to help you get back on your feet, provide a consistent quality of life and assist you with medical bills and other expenses after the divorce is finalized. In Florida, there are six types of alimony, including bridge the gap, lump sum, durational, temporary, rehabilitative and permanent periodic.

Factors to consider in a high-asset divorce

While any type of divorce can be potentially complicated and overwhelming, high-asset divorces can be especially daunting. Not only are there often high stakes involved, but some cases may be very complex, making it hard to reach a settlement. It is important for people in Florida who are going through a divorce to understand the process to ensure they get everything they are entitled to when the divorce is finalized.

Is your spouse hiding marital assets?

When you file for divorce, you and your spouse are required to disclose all of your property and assets. This marital property is then divided in a way that the judge presiding over the case deems fair and equitable. There are some instances, however, where one spouse attempts to hide some of the property or assets so that it does not have to be divided and can remain in the sole possession of one person. This type of asset hiding occurs more often than you may think. It is crucial that you understand how to keep an eye out for these types of behaviors, so you can ensure you receive everything that you are entitled to in the divorce settlement.

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Law Office of Philip J. Schipani
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