Articles Posted in Divorce

Many people have retirement savings accounts that they contribute money to throughout their careers. While retirement plans can only be in one person’s name, income placed in a retirement account during a marriage is generally considered marital property and is subject to equitable distribution absent an agreement to the contrary. A party that waives the right to their former spouse’s retirement benefits via a marital settlement agreement is not then entitled to such benefits merely because of an oversight in the plan document, as discussed in a recent Florida opinion. If you or your spouse intend to seek a divorce, it is prudent to retain a seasoned Florida divorce lawyer to help you protect your assets.

Procedural Background

Reportedly, the parties married in 1988. Throughout the marriage, the husband contributed to a 401k that was governed by ERISA. He designated the wife as his primary beneficiary under the plan and his children as secondary beneficiaries. They divorced in 2017 and entered into a marital settlement agreement (MSA) that stated, in part, that each party would receive the benefits from any retirement plan in their name and waived the right to any interest or claims in the other party’s benefits.

It is alleged that the MSA was ratified via the final dissolution of marriage. The husband died two years after the divorce, and his daughter from a prior marriage was named as the personal representative of his estate. Prior to his death, however, he neglected to change the primary beneficiary on his 401k plan. The wife and the daughter both made claims for the plan proceeds, but the plan administrator distributed them to the wife. The daughter filed a motion to enforce the MSA. In response, the wife argued that she did not waive her right to death benefits under the MSA. Following a hearing, a magistrate found in favor of the wife. The estate filed an exception. The trial court sustained the exceptions and ordered the wife to turn over the 401k proceeds. The wife appealed. Continue reading ›

While it does not occur frequently, in some cases, a party to a divorce action will pass away during the pendency of the case. In such instances, the courts will typically dismiss the case, as a petition for dissolution of a marriage becomes moot if one party is no longer living. However, the court handles the matter of enforcing a divorce decree differently if one of the former spouses passes away, as demonstrated in a recent Florida ruling. If you wish to end your marriage, it is advisable to speak to a capable Florida divorce attorney as soon as possible to discuss your options.

The Facts of the Case

It is reported that the husband and the wife obtained a divorce in 2008. Pursuant to their marital settlement agreement, which was incorporated into the final judgment of dissolution, the wife had the right to remain in the former marital home. The right was granted with the understanding that the wife would assume certain financial obligations that came along with the home. Shortly after the parties divorce, the husband passed away.

Allegedly, the husband’s estate then filed two motions: the first, asking to be substituted as a party in the divorce case, and the second, requesting that the court order the wife to leave the residence. The basis for the second motion was the allegation that the wife failed to uphold the financial obligations imposed by the marital settlement agreement, causing the home to fall into foreclosure. The trial court denied the motions, and the estate appealed. Continue reading ›

Typically, one of the biggest points of contention in divorce matters is what constitutes marital property and how such property should be divided. While courts have the discretion to divide assets in a fair and equitable manner, they must engage in certain steps prior to doing so; otherwise, their judgments may be subject to reversal. This was demonstrated in a recent Florida ruling, in a divorce case in which the appellate court reversed the trial’s final ruling with regard to equitable distribution due to the court’s failure to make specific findings of fact regarding the assets. If you are in contemplating ending your marriage, it is advisable to consult a skillful Florida divorce attorney to assist you in seeking a fair dissolution.

Facts of the Case

It is reported that the husband and the wife decided to end their marriage, and the wife filed for divorce. The couple had substantial assets, and the proceeding regarding the dissolution of the marriage lasted eight days. At the end of the trial, the court dissolved the marriage and developed an equitable distribution scheme, but failed to identify, value, and distribute the bulk of the parties’ liabilities and assets. The husband appealed.

Requirements in Fashioning an Equitable Distribution

Under Florida law, a court developing an equitable resolution of marital assets must make specific factual findings identifying the parties’ assets and liabilities and their classification and value. A final judgment issued absent such findings must be reversed. Thus, the court reversed the trial court judgment with regard to equitable distribution. Continue reading ›

Typically, when people decide to end their marriage, the court will be tasked with resolving issues such as the division of property and whether either party is entitled to alimony or child support. If the court rules incorrectly or relies upon inaccurate evidence, though, either party can appeal the court’s findings. The grounds for seeking and obtaining a reversal of a trial court ruling in a divorce action was the topic of a recent opinion in a Florida matter. If you wish to end your marriage, it is advisable to meet with a knowledgeable Florida divorce attorney to discuss your rights.

The Trial Court’s Ruling

Allegedly, the parties sought to end their marriage via divorce. After the court issued a final judgment dissolving the marriage, the husband appealed, and the wife cross-appealed. Specifically, the husband took issue with the equitable distribution, among other things, and the wife objected to the child support award. Upon review, the court reversed the trial court ruling and remanded the matter for further proceedings.

Reversal of Orders in Divorce Matters

Initially, the husband challenged the equitable distribution issued by the trial court. The appellate court explained that a trial court’s distribution of marital liabilities and assets is assessed under the abuse of discretion standard. Further, the final division of marital assets has to be supported by factual findings that are based on substantial competent evidence.

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Divorce cases are often contentious, with a primary source of disagreement, usually being how assets and liabilities should be divided. While typically, court intervention is required to resolve such matters, couples are free to come to an agreement independently. In many instances, such agreements will be developed during the course of proceedings and will be presented to the court for approval before they have been reduced to writing. Oral agreements may be enforced but only under certain circumstances, as illustrated in a recent Florida ruling. If you are considering filing for divorce, it is in your best interest to speak to a capable Florida divorce attorney to determine what actions you can take to protect your interests.

The Divorce Proceedings

It is reported that the husband and the wife were engaged in divorce proceedings. The wife filed a motion for temporary relief, and during the hearing on the matter, her attorney requested a brief recess, indicating that the parties had been discussing the possibility of entering into a global settlement agreement. Approximately one hour later, the parties returned and indicated a settlement had been reached.

Allegedly, a few of the terms of the agreement were read into the record while other issues were negotiated before the court. The court spoke to each party independently, asking if they agreed to the terms of the settlement as discussed and whether their agreement was voluntary. The wife later filed a motion to enforce the oral settlement agreement, while the husband filed a motion to set it aside. The court granted the wife’s motion and denied the husband’s, after which the husband appealed.

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While many people think of women as being the primary caretakers for children, it is not uncommon for a married couple to agree that the husband should remain at home to care for the couple’s children while the wife earns an income. As such, if a marriage in which the husband doesn’t work ends, the husband may seek alimony from the wife. In a recent Florida divorce case, the court discussed when alimony is appropriate and what factors should be considered in determining whether it should be granted. If you or your spouse intend to file for a divorce, it is prudent to meet with a trusted Florida family law attorney to determine how the dissolution of your marriage may impact you financially.

Factual and Procedural History

It is alleged that the husband and the wife married in 2006, after which they had two children. The couple agreed that the husband would stay at home to care for the children, and he did not work from 2011 to 2017. When he returned to the workforce, he got a job in retail, earning approximately $1,400.00 per month. The wife worked as an auditor, earning about $9,000.00 a month, and received annual payments from a family trust fund.

Reportedly, in 2017, the wife filed a petition for divorce, and the husband filed a counter-petition in which he sought alimony. In the final judgment issued in 2018, the court granted the husband $2,000.00 per month in alimony for sixty months and directed the wife to pay child support to the husband. The wife appealed, arguing that the trial court committed an error in awarding the husband durational alimony.

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