19 November

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When does alimony terminate?

If alimony is ordered by the Court as part of a final judgment, it will terminate upon the death of either party or upon the remarriage of the party receiving alimony. Additionally, an alimony award may be modified or terminated in accordance with section 61.14, Florida Statutes, which provides that alimony may be reduced or terminated if the person receiving alimony is in a supportive relationship with the person he or she resides. Further, alimony may be modified if (1) there is a substantial change in circumstances; (2) the change was not contemplated at the time of final judgment of...

10 October

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Reaffirming Your Life Insurance Beneficiaries After Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Estate Planning, Florida Law

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BEWARE: YOU MAY NOT REALLY BE THE BENEFICIARY OF YOUR EX’S LIFE INSURANCE POLICY Effective July 1, 2012, you are not considered the beneficiary of your ex spouse’s life insurance policy even if you are named as the beneficiary, UNLESS your ex spouse reaffirms you as the beneficiary after the divorce decree has been entered. This change in the law is extremely critical since it is to be applied retroactively. So, if you are divorced and your divorce decree provides that you are to be the beneficiary of a life insurance policy to secure child support or spousal support payments, you MUST...

14 September

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Florida Law Declares Beneficiary Void After a Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Estate Planning

Does a divorce decree override a named beneficiary in Florida? If a former spouse is listed as a beneficiary of a life insurance policy, that spouse is voided as a beneficiary after a divorce pursuant to Florida Law. This provision also applies to employee benefits plans, retirement accounts, payable upon death accounts, other accounts that are payable upon death, and annuities or other similar contracts. After a divorce in Florida it is important to update the beneficiary on all of your accounts, as your former spouse will be automatically voided as the beneficiary. This means that the benefits will pass pursuant to...

03 July

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What if my Divorce Settlement Agreement is Ambiguous?

Posted by DeWitt Law Firm, P.A.

in Divorce

The regulatory powers of the state of Florida are not available to affect, modify or change the bargain of the parties. When drafting a Marital Settlement Agreement, it is important to ensure that there are no ambiguities as they allow a court to reinterpret and rewrite your Marital Settlement Agreement....

21 April

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Six Costly Mistakes in Timesharing Child Custody Cases in Florida

Posted by DeWitt Law Firm, P.A.

in Family Law

When going through a divorce, the timesharing schedule (commonly referred to as custody schedule), is often a disputed and contentious topic. While there is no presumption of 50/50 custody or timesharing, most judges in Central Florida start with the notion that they want each parent to spend as much time as possible -...

15 April

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Legal Separation in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Florida Law

marital separation agreement florida the dewitt law firm

A common misconception is that parties can legally separate in Florida prior to filing for divorce. While there is no such thing as legal separation in Florida, a court can consider the date that the parties separated to divide assets or liabilities. For example, the parties may separate two years prior to filing for divorce and the wife may have contribute to her 401k during this time. A trial court may find that it is not equitable to award the husband any portion of the contributions that were acquired after the date of separation. While there is no such thing as...