In a division of property and assets case captioned Roth v. Roth the parties were married for twenty-nine years. The Former Husband was seventy-four, and the Former Wife was fifty-eight. Both had high school educations, and both worked in the automotive industry. The Former Husband was in a car accident…
Palm Beach Florida Divorce & Family Law Blog
HOW ARE PERSONAL INJURY SETTLEMENTS DISTRIBUTED IN A FLORIDA DIVORCE?
In a division of property and assets case captioned Roth v. Roth the Wife appealed the Final Judgment of divorce. The parties were married for twenty-nine years. At the time of the hearing, the Wife was fifty-eight and the Husband was seventy-four. Both of the parties worked in the automotive…
HOW TO CHALLENGE A PRENUPTIAL AGREEMENT IN FLORIDA
All prenuptial agreements executed after October 1, 2007, must be in writing and signed by the parties. Premarital agreements executed after October 1, 2007, are not enforceable under the following circumstances. First, when the agreement was not executed voluntarily. Second, when the agreement is the product of duress, fraud, coercion…
WHEN WILL FLORIDA RECOGNIZE A DIVORCE DECREE FROM ANOTHER COUNTRY?
A divorce decree from a foreign country will be enforced by a Florida Court when: (i) the parties were given sufficient notice and an opportunity to be heard at the divorce hearing, (ii) the foreign court had jurisdiction, and (iii) the divorce decree does not offend the public policy of…
ARE ASSETS ACQUIRED AFTER A DIVORCE WAS FILED MARITAL ASSETS?
A division of property and assets case captioned Ritacco v. Ritacco was recently decided by the Florida Court of Appeal. This case involved a twenty-two year marriage. During the course of the marriage, the parties had two children. Both are now adults. The Husband drew a salary, received a pension,…
PSYCHOLOGICAL EVALUATIONS IN CHILD CUSTODY CASES IN FLORIDA
A parent involved in a child custody and visitation dispute may be required to submit to a psychological evaluation when his or her mental condition is in controversy and good cause is shown for the examination. Seeking custody and visitation, in and of itself, does not put a parent’s psychological…
Imputing Income for Purposes of Alimony in Florida
An alimony case involving imputation of income was recently decided by the Florida Court of Appeal in a case captioned Waldera v. Waldera. In this case, the husband and wife were married in 1999. At the time of their marriage, the wife held a bachelor’s degree in accounting. She worked…
WHEN IS PERMANENT ALIMONY AWARDED IN FLORIDA?
In a recently decided alimony case captioned Ritacco v. Ritacco, the Husband and Wife were married for more than twenty-two years. The Husband was the sole income provider during the marriage. The Wife raised the parties’ daughters, and did not work outside of the home. The Husband receives a salary,…
WHEN IS PERMANENT ALIMONY AWARDED IN FLORIDA
In a recently decided alimony case captioned Ritacco v. Ritacco, the Husband and Wife were married for more than twenty-two years. The Husband was the sole income provider during the marriage. The Wife raised the parties’ daughters, and did not work outside of the home. The Husband receives a salary,…
HOW IS THE AMOUNT OF ALIMONY CALCULATED IN FLORIDA
In an alimony case captioned Waldera v. Waldera, the trial court was presented with evidence concerning the Husband’s income during the previous ten years. However, the trial court only considered the Husband’s income during the one year period that preceded the entry of the Final Judgment. The Florida Court of…