19 December

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Understanding the Emotional and Financial Issues of Divorce

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...

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....

15 April

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Legal Separation in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Florida Law

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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...

05 February

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Student Loan Debt & Divorce – A Tough Pill to Swallow

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

In any divorce, dividing the marital assets and liabilities is often a surprisingly difficult task for the parties. Valuing assets and recalling whether assets or liabilities were incurred during the course of the marriage takes its toll on any divorcing couple. Student loan debt is often one of the more contentious topics when it comes to equitable distribution. Although one party may have benefited from the debt by obtaining a degree or taking courses, the benefit is not to be considered by the court when calculating equitable distribution. As a general proposition, student loan debt incurred during the marriage is...