13 January

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The Basics of Property Division In Florida Divorce Cases

Equitable distribution during florida divorces

One of the biggest points of contention when a couple divorces is the division of property or marital assets. Every state has its own laws governing how property will be distributed or divided in the event of a divorce, including Florida. In our state, when a married couple makes the decision to divorce the division of property is based on a system referred to as "equitable distribution." Equitable distribution is based on the idea that both property and debts should be divided in a way that is fair to both spouses according to the circumstances. However, it is important to note...

19 December

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Understanding the Emotional and Financial Issues of Divorce

Posted by Moe DeWitt

in Divorce, Family Law

divorce attorneys in florida dewitt law firm

The average length of a first marriage upon divorce is just over eight years. During that time period, most couples borrow money, acquire assets, and have children. As a result, almost all first-time divorces involve financial and emotional issues. Unless the couple had a solid premarital agreement, these issues are often rather complex. An experienced Orlando divorce lawyer keeps certain overall principles in mind with regard to these emotional and financial issues. Overall, child custody decisions must be in the best interests of the children and the marital estate, including both assets and debts, must be divided equitably. Financial Issues in a...

19 November

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When does alimony terminate?

Posted by DeWitt Law Firm, P.A.

in Alimony, Family Law

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....