Recently in Divorce Category

July 7, 2014

The Role of Vocational Experts in Divorce

When you are facing a divorce, it is always important to have a skilled, experienced attorney handling your case. In addition to knowing the rules and procedures of family courts, a qualified attorney has many resources that may help you get a favorable outcome in your divorce. One such resource is a vocational expert.

What is a vocational expert?

A vocational expert is a professional who studies which skills are most in demand in the current job market and, additionally, how much income a person should potentially be able to earn with those skills in certain careers. A vocational expert will examine an individual's education level, professional experience, interests, abilities, and other factors and compare those with others in the job market. As a result, these experts can estimate for which jobs a person may qualify and how much money that person may expect to earn.

How does a vocational expert help in divorce?

When a person is facing divorce, there are several ways a vocational expert may help. First, if you are seeking alimony, your spouse may insist that you do not need support. Even if you have been staying at home for years, a spouse may assert that you are qualified for a career with a large income and therefore can fully support yourself. A vocational expert can give an objective opinion on your chances of securing work in the current employment market and the kind of income you may expect to receive. This evidence can help show the court that you will need spousal support to pay the bills, at least for a certain period of time.

Additionally, your spouse may attempt to avoid paying spousal or child support by suddenly reporting a significant decrease in income. It is not unheard of for a high-earning spouse to actually resign from a position and take a lower-paying job to try to influence the court to order less child support or alimony. A vocational expert can examine your spouse's true earning potential based on available jobs and your spouse's qualifications and report their findings to the court. This can help expose any devious tactics your spouse may be using to avoid paying the true amount of support you deserve.

Finally, if your spouse reports a change in circumstances post-divorce that may modify court-ordered child or spousal support, a vocational expert may analyze the situation and determine whether there was truly a necessary change of circumstances. Additionally, if you have suffered a change in circumstances that renders you unable to pay court-ordered support, a vocational expert can corroborate the fact that your circumstances have truly changed due to illness, injury, or other factors that may affect employability.

If you believe you are on the brink of divorce, your first call should be to the Boca Raton office of Alan R. Burton. Mr. Burton provides the highest quality of representation for divorces and all family law matters and works to ensure that every client receives the best possible outcome. Do not hesitate to call our office for assistance today.

June 30, 2014

How Does Divorce Affect Social Security Benefits?

Everyone in the United States should be planning for retirement to ensure they can support themselves after they leave the workforce. No matter how carefully you plan, there may always be events or factors that throw your plan off course. One such event is a divorce, especially if you and your former spouse planned for retirement together. If you have divorced, you may worry that you will lose all benefits associated with your former spouse's Social Security. Fortunately, this is not always the case, as the Social Security Administration lets you collect under your former spouse's Social Security record as long as certain criteria are met.

Receiving Social Security Benefits as a Former Spouse

The amount of Social Security benefits to which you are entitled upon retirement is based on your record of employment during your working life. The more you paid into Social Security via paychecks, the higher your benefits may be. In marriages where one spouse worked significantly more than the other, the spouse who stayed home is entitled to receive benefits based on their spouse's work record. A spouse may receive 50 percent of the benefits to which the working spouse is entitled.

If you were counting on a spouse's work record to receive Social Security benefits, yet then you divorced, you may worry that you are no longer eligible for those benefits. The good news is that you may still be eligible, whether or not your former spouse has remarried, as long as the following criteria apply:

· You are at least 62 years of age;
· You were married for at least 10 years to your former spouse;
· You have not remarried, or any subsequent marriage ended in annulment, divorce, or death. If you had more than one marriage end, you may receive benefits on the record of one of those former spouses, but not both;
· Your former spouse qualifies for either retirement or disability benefits from Social Security;
· The benefits you would receive based on your former spouse's employment record are higher than the amount you would receive based on your own work record;
· If your former spouse is qualified to receive benefits but has not yet applied to do so, you may apply for benefits on their record two years after the date of divorce; and
· If you apply for benefits on a former spouse's record while you are still working or before you are at full retirement age, a limit will be placed on the benefits you receive.

An experienced divorce lawyer can assist you in figuring out whether it is in your best interest to apply for benefits under your former spouse's record.

Contact a Family Law Attorney in Boca Raton or Fort Lauderdale for Help

If you have any questions or concerns regarding retirement benefits or any other issue related to divorce or family law, experienced Florida attorney Alan R. Burton can help you. At our office, we handle a wide array of family law cases and strive to achieve the very best results possible for each of our clients. Do not hesitate to call us today to schedule a free consultation.

June 24, 2014

Divorced Parents Fight Over Child's Ashes

Property division is often a sensitive topic in a divorce. Couples tend to treasure their hard-earned assets and property and, in many cases, property division causes significant conflict in divorce cases. Also, property division determinations are unique in each divorce case as couples will never have the exact same property as other couples. Therefore, the details of each individual case are very important and a decision should be tailored specifically for that particular couple.

Couple Repeatedly Back in Court

William and Lili Wilson divorced in 2007 in Florida. The divorce was very adversarial, with the couple fighting over nearly every piece of property, including baseball cards. However, their divorce was only the first in a line of dramatic and traumatic events that would lead them back into the courtroom again and again.

In 2010, their 23-year-old son, Scott, was driving when an impaired driver slammed into his car, causing it to tumble into a canal. The drunk driver was a billionaire who walked home and failed to call 911 for an hour, all while Scott drowned in the canal. First, the parents brought a wrongful death claim against the billionaire in civil court and split the $46 million award evenly between the two of them.

Next, the drunk driver faced a criminal trial, after which he was sentenced to 16 years in prison. However, a juror published a book shortly after the trial, in which he admits to misconduct that involved drinking the same number of drinks as the driver allegedly had to see if the driver had actually been impaired. Now, the driver is on house arrest while he waits for a new trial, scheduled for later this year.

Fight Over the Remains

After all of that, William and Lili Wilson are back in court again, this time arguing over who gets to have control over and choose where to bury their son's cremated remains. Lili wants to bury his remains in Florida, while William wants him to be buried in a family plot in Georgia that already has his son's name on the headstone, and simply needs the dates of death filled in.

William was willing to divide the ashes, and asked the court to declare the remains "property" that could be divided evenly between the two. However, his former wife did not want to divide the ashes due to religious beliefs. A Florida appeals court decided that human remains cannot be considered assets or property and, therefore, would not divide the ashes. A lower court is expected to make a final decision on the matter on where the remains will finally come to rest.

Contact a Boca Raton or Ft. Lauderdale Family Law Firm Today

As you can see, some divorces can get very complicated and couples may face issues stemming from their split for years afterward, especially if there are children involved. If you have any type of concerns involving divorce, property division, child custody, or any other family law issues, do not hesitate to contact the office of experienced attorney Alan Burton for assistance today.

June 17, 2014

Students Loans and Divorce

In recent years, the subject of ever-increasing student loan debt among the young people of the United States has been the focus of many conversations, news articles, and debates. The Institute for College Access and Success reported that for the college graduating class of 2012, approximately 70% of students had borrowed money to help pay for their educational costs, and the average debt per borrower was $29,700. If two spouses each have student loan debt, that debt can become a huge factor in their financial success and also in the case of divorce.

Many couples ask the question: Who is responsible for student loan debt after a divorce? The answer to this question is not always simple and depends on the circumstances of each individual case. There are several factors to examine in order to determine what will happen to student loan debt.

When was the debt incurred?

If two people each enter into a marriage with student loan debt they took on prior to the marriage, that debt will usually be deemed separate and each spouse will be held responsible for only their respective loans.

If the student loan debt was incurred during the marriage in only one spouse's name, the loans may be seen as marital or separate property depending on other circumstances. Even though most debt incurred during a marriage is seen as marital debt, if a student loan only benefitted one spouse, the court may rule that spouse is solely responsible for paying it back.

The situation becomes more complicated if both spouses signed for the loans. For instance, imagine a husband and wife co-signed student loans for the husband's degree. During divorce negotiations, they agree that the husband will be solely responsible for making his own student loan payments. However, the husband does not have enough income to qualify for a refinance of the loans in only his name. Therefore, even though the divorce settlement states the loans are only his responsibility, the former wife's name remains on the loans even after the marriage has been completely dissolved. In many cases, the former spouse's name will remain on the loans for the life of the loan.

If the former husband defaults on his loans, the student loan company can still try to come after the former wife for the payment of the loans. Any negative payment information will also bring her credit score down, and challenging negative marks on your credit can be very challenging, even with a divorce decree that states the loans were not your responsibility. As you can see, the issue of student loans in divorce can be complicated and you always want to have representation by an experienced lawyer.

Call Experienced Divorce Attorney Alan R. Burton Today

If you are facing divorce in the Boca Raton or Fort Lauderdale areas, you should contact Alan R. Burton for assistance as soon as possible. Mr. Burton has extensive experience handling all aspects of divorce cases, especially the financial issues. He provides the highest quality of representation and will work to make sure you receive the best possible outcome in your divorce case. Contact our office today to schedule your free initial consultation.

June 13, 2014

The Benefits of No-Fault Divorce

In the past, a court would only grant a divorce if one spouse showed "grounds" for the divorce. Grounds meant that the other spouse did something wrong and was at fault for the breakdown of the marriage. Traditionally, grounds may have included emotional or physical abuse, adultery, abandonment or desertion, mental illness, imprisonment, and more. In order for a judge to allow the divorce, the spouse seeking divorce would have to allege certain grounds and then would have to adequately prove those grounds in court.

As you can imagine, proving serious wrongdoing on the part of the other spouse could be difficult and expensive. For example, if you believed your spouse had been unfaithful, you would have to be able to prove it to a certain degree. This proof could come in the form of witness testimony or physical evidence, both of which could be difficult to obtain. People often had to hire private investigators to spy on their spouses to gain the evidence they need. If witnesses were used, the matter could easily become an acrimonious he-said, she-said situation in which each spouse tried to discredit the other on by airing all of their dirty laundry. This only caused tension to rise between the spouses even more, and that tension would often make it even more challenging to successfully negotiate a divorce agreement.

No-Fault Divorces

Fortunately, fault-based divorces are a thing of the past in Florida. Now, the Florida Dissolution of Marriage law only requires that one spouse claim one of the following:

· The marriage is irretrievably broken; or
· One of the spouses is mentally incapacitated and has been so for at least three years.

Using the general "irretrievably broken" instead of specific wrongdoing as grounds has several benefits for divorcing couples in Florida. First, it limits the time and money necessary to complete a divorce within the state. Additionally, it allows a victim of domestic abuse to get out of their marriage more easily than if they had to prove fault. In many situations, no-fault divorces also tend to make the entire divorce process less acrimonious, as the spouses are not necessarily pointing blame at the other.

However, tensions can soar even in no-fault divorces. Though grounds are no longer necessary, the parties can still try to hide assets, make false accusations to try to get full custody of children, and more.

Contact a Boca Raton and Fort Lauderdale Divorce Attorney for Help

Though no-fault divorces may often be less complicated than the previous fault divorce system, that does not mean that a Florida divorce will necessarily be simple. In fact, many complex issues may arise, especially if you have children or a substantial amount of property. You should always have an experienced Florida divorce lawyer handling your case so you do not risk an unfavorable result in your divorce settlement and to make sure you comply with all court rules and procedures. Do not hesitate to contact Alan R. Burton, Attorney at Law today for assistance with all of your family law needs.

June 10, 2014

High Risk in High Asset Divorces

Property division is one of the main issues to settle in most divorces. If a couple does not own a home or have much money saved, property division determinations may be relatively simple. However, the stakes get significantly higher for couples who have a high net worth, and division of property may be extremely complicated with both sides fighting for a substantial piece of the marital wealth. Many couples earned their wealth after marriage, so they do not have a prenuptial agreement in place to predetermine property division. If you believe you may be facing a high net worth divorce, you should always have a divorce attorney who has experience in this type of case on your side.

Russian Tycoon Fights to Keep Fortune

Dmitry Rybolovlev is a fertilizer tycoon who has been involved in an adversarial divorce for about six years, which has been commonly referred to as the most expensive divorce in history to date. A Geneva court recently awarded his estranged wife a $4.5 billion divorce settlement. Rybolovlev plans to appeal the ruling, and his attorney expects the case to drag on potentially for another decade. However, when billions of dollars are at stake, one can hardly blame Rybolovlev for fighting the ruling.

Huge Settlements in the United States

Though that ruling took place outside of the United States, the U.S. has seen some seemingly astronomical divorce settlements. The following are some of the highest settlements reported:

· Frank McCourt, owner of the LA Dodgers--$131 million
· Neil Diamond--$150 million
· Michael Jordan--$168 million
· Arnold Schwarzenegger--rumored between $250-$375 million
· Mel Gibson--$425 million
· Steve Wynn--$741 million
· Rupert Murdoch--$1.7 billion

Issues in High Net Worth Divorces

Couples with a high net worth often have a wide variety of assets and property, which must all be identified and properly divided. Some types of assets at issue in high stakes divorces include the following:

· Real property, such as a primary residence, vacation houses, and residential and commercial investment properties;
· Personal property, including all types of motor vehicles, recreational vehicles, collections of art or antiques, jewelry, furniture, among many other things;
· Personal bank accounts;
· Retirement accounts, vested or unvested;
· Investments, including international investments;
· Business entities, including all business accounts, assets, and properties; and
· Stocks or stock options.

Determining the value of all of a wealthy couple's assets can be extremely complicated, as the couple may have international accounts, properties, businesses, and investments across the world. Additionally, one spouse may deceitfully try to hide assets in offshore accounts or conceal certain sources of income from federal tax returns in order to avoid division of that property. For this reason, you should always seek out the assistance of an experienced divorce attorney who can use financial experts to fully identify all marital assets to ensure equitable distribution.

Contact a Divorce Lawyer in Boca Raton or Ft. Lauderdale

Attorney Alan Burton has experience handling all types of divorce cases, including those where significant assets are at stake. Do not hesitate to contact our offices in Boca Raton and Ft. Lauderdale for assistance with your divorce today.

May 24, 2014

Same Sex Marriages in Florida

Same sex marriages are still not authorized under Florida law, but the national trend is heading in that direction.

There are now 17 states in this country which authorize same sex marriages.

Oregon has most recently overturned the previously existing ban on same sex marriages. Arkansas is one state struggling with this issue. A circuit Judge in Pulaski County, Arkansas recently over turned the ban on same sex marriages in Arkansas, and he was promptly overruled by the state Supreme Court. There is an ongoing battle in that state to put an end to the ban against same sex marriages.

What does all this mean to South Florida residents? Currently residents of Florida are not impacted by the other state rulings, however, the current trend across the nation is clearly for the constitutionally protected right of same sex individuals to marry.

These changes that will be coming will most certainly create a whole new body of interesting case law for South Florida Divorce Attorneys.

If you are dealing with difficult family law issues or any other custody or visitation issue, experienced Florida family law attorney Alan R. Burton will help you stand up for your rights. He has over 30 years of experience and will fight for what is important to you. Do not hesitate to contact our offices in Boca Raton or Ft. Lauderdale for help today.

May 13, 2014

New Family Law Bill Passes in Florida Legislature

Florida has long been a destination for international travel and business. Many people moving from foreign countries to the United States choose to make Florida their home. For this reason, many law experts are critical of a new bill that recently passed through state legislature regarding the applicability of foreign law in Florida family law courts. The bill was introduced by Republican state Senator Alan Hays and passed in the Senate by a vote of 24-14, while the House companion bill passed by 78-40.

If signed by Governor Rick Scott, the new law would prohibit the application of foreign laws in certain family law matters and would give judges the ability to refuse to uphold agreements and orders from foreign courts if they violate American public policy. For example, if a couple moves to Florida from Mexico and had a premarital agreement, a court can decide not to uphold the agreement if the judge believes it goes against public policy. Six states already have similar laws in place regarding foreign laws--Kansas, Arizona, Louisiana, South Dakota, North Carolina, and Tennessee.

Anti-Muslim Allegations

Though this bill has less severe anti-foreigner language than earlier versions, many people have criticized the legislation as alienating foreigners in a state that tries to welcome internationals. Specifically, critics have stated the bill is anti-Muslim and that it particularly intends to restrict Sharia religious laws from impacting family law matters in the United States. Florida reportedly has at least 150,000 registered voters who identify as Muslim, and that number is growing. Proponents of the bill point out that the law does not even mention religion and does not target any one specific minority group. Anti-defamation groups and Democrats plan on asking the governor to veto the bill.

Proponents also state that the law does not actually change anything significantly in the Florida family law courts. They say that judges already reviewed any foreign contracts for public policy violations, and this law simply would take court decisions and solidify them into legislation. However, no one knows what the full effect of the law will be and how it will affect residents who have foreign family law contracts or judgments. However it is clear that the law will only apply to family law cases and not real estate or business contracts or other types of agreements.

We will keep an eye on the progress of this new family law legislation and keep our readers up to date on any future implications of this new bill. In the meantime, if you have any family law issues regarding agreements or orders made by foreign courts, it is best to contact an experienced family lawyer as soon as possible.

Contact a Florida Family Law Attorney for Help

Family laws and court precedents can change on a regular basis. If you have any family law matter or concerns, you should always consult with a family law attorney who is familiar with Florida law and keeps up to date on any new changes. If you are facing divorce or any other issue in Boca Raton or Fort Lauderdale, do not hesitate to contact experienced lawyer Alan R. Burton for assistance today.

April 5, 2014

Are we all now familiar with the term "Conscious Uncoupling" ?

I know I am. Do we all know what it means? Do we know where the term originated? Do we know who created that term? The phrase is seen or heard almost on a daily basis.

I think by now we all know that Gwyneth Paltrow, the well known and talented actress, created it, or at least brought the term to the public forefront. Does the phrase actually have a clear defined meaning?


What comes to my mind, as a divorce lawyer, is that the separation and split of the parties will be an amicable one. There will be no fighting and hostility. The parties will most likely conclude their marriage with an uncontested divorce proceeding.

Many of the articles I have read about the use of this phrase interprets it as some sense of superiority or pretentiousness. To me it simply signals the ability of the adults to consider their children's interests, and not to lay blame for the failure of the relationship to endure. It is the ability to understand that it is never just one person's fault, but a multitude of reasons, on the part of both parties.

The Huffington Post, "What the Hell is Conscious Uncoupling", Anyway?, Dr. Sonya Rhodes, PhD, April 2, 2014

April 5, 2014

Divorce Mistakes That Everyone Makes

Welcome to the 21st Century! With the popularity of Facebook, Twitter and the internet in general, your life has become an open book. You may need to seek the services of a seasoned attorney when social media becomes a central issue in your case.

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Postings to your facebook page can become fodder for your spouse's lawyer, especially when there are minor children involved. Don;t be fooled thinking that what you are posting is off limits to your spouse. It's not. As equally important are postings by others, which may have a direct link back to you, whether you were aware of it or not. One such example may be a posting of your underage child under the "influence at a party". Who was the parent "on call" at the time?

Everything on-line becomes a record, which may be used either in your favor or against you, as the case may be. The electronic age is not limited to social media, but to all aspects of your life, including financial matters.

Banking records are easily reproduced, which will clearly document a trail of your finances.

Privacy today simply does not exist. Be careful what you say or do, as it will most surely be used against you in court.

Source: The Huffington Post, "The Divorce Mistakes You Don't Even Know You Are Making", Taryn Hillin, March 18, 2014

April 5, 2014

Law Prohibits Divorcing Couples From Having Sex

Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.


Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

The bill would would have to be passed by the state legislature, and then approved by the governor.

The language of the bill reads as follows:

"In divorce, separation, or 209A( restraining order)proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts,"

The law, if passed, would raise some interesting questions about obtaining the necessary evidence to prove a violation of the law. Since children are generally not allowed to testify in court, absentee spouses will need to become quite creative in order to prove their case. This bill will most certainly keep the private detectives in Massachusetts quite busy.

The Huffington Post, "Massachusetts Bill Could Ban Sex During Marriage", Emily Thomas, March 24, 2014

March 25, 2014

Will our property be divided equally?

When you are seeking a divorce, the Florida courts will equitably divide the property that was acquired during your marriage. Equitably does not necessarily mean equally. his property is commonly referred to as marital assets.

Florida law provides that it would be a good starting point to divide marital assets 50-50. If the court intends on making a distribution of marital assets that is not equal, the court is required to consider a list of items, and to make specific findings of fact in the final judgment as to why the distribution is not equal.

The Florida statute which gives the judge authority to divide the marital assets is found under Florida statute 61.075, which is known as the Equitable Distribution statute.

If the court intends on making an unequal distribution of marital assets the court will examine the following list:

The contributions to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker.

The economic circumstances of the parties.

The duration of the marriage.

Any interruption of personal careers or educational opportunities of either party.

The contribution of one spouse to the personal careers or educational opportunities of the other spouse.

The desirability retaining any asset, including an interest in a business, Corporation, or professional practice, intact and free from any claim or interference by the other party.

The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets the parties.

The desirability retaining the marital home as a residence for any dependent child of the marriage, or any other party when it would be equitable to do so, or it is in the best interests of the child or that party.

The intentional dissipation, waste, depletion, or destruction of marital assets have to the filing of the petition or within two years prior to the filing of the petition.

Any other factors necessary to do equity and justice between the parties.

The division of the assets that have been accumulated during the marriage is usually not the most difficult task for a judge. The more complicated issue usually is placing values on various items of property the court intends on dividing.

The issue of dividing the property can often times become complicated and complex, depending on the nature of the specific type of property involved.

Please visit my website at for more information about my background and experience. I have well over 30 years of experience litigating divorce cases in South Florida, including courts in Fort Lauderdale, Delray Beach, Miami, West Palm Beach and throughout the region. My primary office is conveniently located on Glades Road, just west of I-95 in Boca Raton.

My initial consultations are always free. I would urge you to call me and meet with me, so that I can educate you as to your legal rights.

August 19, 2012

Statistics show that marriages are on the decline in Florida

More and more people, especially in Florida, are opting for the single life.

In Florida, there were 7.3 marriages per 1,000 people in the year 2010. Compare this rate to the 17.1 marriages per 1,000 people in the year 1940..

At the same time marriages are declining, the rate of divorce is increasing. In Florida, the divorce rate was 4.2 per 1,000 people in the year 2009. Just last year the divorce rate was an astonishing 76% of all marriages. You can read more about these statistics in a recent article reported in the
If you are contemplating marriage you need to be aware of these statistics. You need to prepare yourself for the worst and hope for the best. Prenuptial agreements may be a good idea in light of these kind of statistics. Plan ahead for the worst scenario, and protect yourself and your assets prior to making the important commitment that a marriage commands.

A prenuptial agreement is like an insurance policy, so to speak. You are insuring yourself against the potential for financial disaster should things not go your way. An experienced Boca Raton, Florida or Fort Lauderdale , Florida attorney, who has years of experience, can protect your interests. Make the call today to insure your future.

August 19, 2012

Modifying your child support obligation

A modification of child support, or alimony as well, is based upon an unforseen, involuntary, permanent and substantial change in circumstances. Florida statute 61.14 provides the statutory basis for a modification of child support and alimony.

If the court, after entertaining a petition for modification of support, either upward or downward, finds that there was a change in circumstances, or the financial position of either party has changed, the court can enter an order, retroactive to the date of filing the petition, granting the modification.

Often times it takes a considerable amount of time to have a matter scheduled for hearing before the court. The length of time varies between the particular judge and the courthouse in which the petition is pending.
This is the rational behind the rule that petitions , if granted, are retroactive back to the date of filing. There is one important exception to this rule. If a parent seeks an upward modification of child support when the obligor is not exercising the agreed upon time sharing, the modification of that particular support obligation is retroactive to the date when the obligor first stopped adhering to the agreed upon time sharing schedule.

Terrell Owens, a well known player in the NFL
, was recently seeking a reduction of his child support obligations. His claim was based upon his current state of financial affairs. His efforts to reduce his support obligations would most likely have been successful, but for the fact that he most recently signed a new contract with the Seattle Seahawks for a reported sum of $1,000,000.00.

The case of Terrell Owens illustrates the point well. In order to obtain financial relief, there must be a certain degree of permanency in the change of one's financial picture, not merely a temporary one.

If you have circumstances that you believe would warrant either an increase or decrease in your support obligations, you can call the law office of Alan R. Burton anytime. With over thirty years of experience in family law matters, Mr. Burton is well qualified to assist you with your questions. He maintains offices in Boca Raton and Fort Lauderdale, Florida. Feel free to call him today. He will be available to discuss your case.

August 9, 2012

Continuing as partners in the family business after divorce

Married couples acquire many things together over the course of their marriage, including homes, vacation homes, bank accounts, automobiles, and stock portfolios. They frequently start businesses together as well.

What happens to the family business after divorce? How does it get valued, how does it get divided, who gets to continue to run the business .... these are just a few of the questions that need to be addressed in this situation.

Generally speaking, the courts do not like to keep the parties together in a business after a divorce. That being said, the business would have to be valued by a professional, and one party would have to make arrangements to buy out the other party's interest. This is the scenario which plays itself out most often.
There are those rare occasions when divorcing couples can, however, continue to operate a business together if they can agree on that arrangement. A story was reported today in the New York Post that dealt with the continuing operation of the Philadelphia Eagles by the divorcing owners, Jeffrey Lurie and his wife.

Although their particular situation is not generally the norm, it does occur. If you have questions about your particular business, professional practice, or any other jointly owned enterprise, it would be a good idea to obtain some professional advice from an attorney experienced in these matters.