In a divorce, the parties will need to decide whether to sell or keep the marital home. While some parties become very attached to the marital home or wish to keep the marital home for the stability of the children, others approach the marital home as a pure financial decision. When determining what to do with the marital home, there are essentially three options....
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After a divorce is finalized, the hardest part of the case is typically over. However, there are still some housekeeping matters that need to be completed to allow for a seamless transition to your post-divorce life. 1. Get a Certified Copy of the Divorce Decree After the divorce is finalized, you will at some point in the future need a certified copy of the divorce decree. It may be required when purchasing a home, traveling out of the country, getting a passport, or during some other life event. It is advisable to purchase a certified copy of the divorce decree shortly after...
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As of January 1, 2019, the alimony tax deduction will cease to exist. This means that alimony paid by a spouse will no longer be tax deductible. Further, the spouse receiving alimony will no longer claim it as income. Currently, alimony is tax deductible to the paying spouse and taxed as income to the receiving spouse. The new law will not take place until January 1, 2019, giving couples that desire to get divorced time to file before the new tax law takes effect. However, the spouse requesting alimony may have significant incentive to delay the divorce in order to...
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In Florida, if a parent wishes to relocate more than 50 miles with a child, the parent must petition the court. Prior to hearing testimony as to whether relocation is appropriate, the trial court must first look at Chapter 61 of the Florida Statutes to determine if the petition is legally sufficient. ...
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When handling a modification of alimony case, it is important to be aware who carries the burden of proof for each element. Failing to present the proper evidence to support or defend your claim could lead to an unjust and inequitable outcome. ...
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Alimony in Florida is based upon need and ability to pay. In other words, the court must determine (1) if the spouse requesting alimony has a need and (2) if the spouse paying alimony has the ability to do so. Need is determined by looking at the standard of living during the marriage and the financial resources available to each party, along with other relevant factors. A court usually does this by reviewing the financial affidavits and hearing testimony of the parties. However, the court must evaluate all sources of income available to the parties when evaluating whether alimony is...
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