Articles Posted in Divorce

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Child support is supposed to cover a child’s basic needs, such as food and shelter. What about educational expenses, though? Education is hardly a luxury; school attendance has been mandatory for American children for well over a century. Providing for a child’s education is an important aspect of parenting. Thus, Florida parenting plans include provisions about which parent is responsible for making various decisions related to the children’s education. What happens when parents divorce while their children are enrolled in private school?

The Children’s Best Interest

Every question related to a parenting plan is, at its core, about the best interest of the children.  Education is one aspect of child-rearing about which parents are likely to have strong opinions.  Some parents feel that sending children to a private school, even if it requires great financial sacrifice on the parents’ part, is the only way to ensure that the children study in a safe environment where teachers are genuinely invested in the children’s success. Others feel that private school tuition is an unnecessary expense and that parents could help their children more simply by saving money to help them with college tuition and other expenses related to early adulthood. The education issue is a perfect example of why parenting plans are individualized and not one size fits all. Continue reading

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Even people who do not have a romantic bone in their bodies find it heartwarming to see elderly couples who have been married for many decades. For example, after Hurricane Irma wreaked havoc on Florida, readers all across the country took comfort in the news story about Harvey and Irma Schluter, a Washington state couple who have been married since 1942. Florida’s divorce lawyers know, though, that not all long marriages result in couples living happily ever after.  Divorce cases involving couples who have been married for more than two decades are often the most complex when it comes to property division, especially if the couple is wealthy. The divorce case of Burt and Lucille “Lovey” Handelsman, which has made news headlines recently, practically sets records for complex divorce, both because of the length of the marriage and because of the high value of the couple’s jointly owned assets.

Who are Burt and Lovey Handelsman?

Even if you have not heard the names Burt and Lovey Handelsman, their business dealings play a role in the lives of many Floridians. The Handelsmans own approximately $750 million in commercial real estate in Florida and New York state. Among their most famous holdings are the upscale shops on Worth Avenue in Palm Beach. Burt and Lovey are both in their late 80s; they have gradually built their real estate empire over the course of their 67-year marriage, and their three children are also involved in the family business.

In 2016, Lovey filed for divorce, convinced that Burt was having an extramarital affair with Jane Rankin, a friend of the Handelsmans who has also been involved with the family real estate business.  Burt denies the affair; he believes that the couple’s children have intentionally alienated Lovey from him, thinking that they will gain more of the family wealth sooner if their parents divorce. The couple’s son and two daughters deny these claims. Continue reading

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Florida’s laws are quite clear about the fact that all assets acquired and liabilities incurred during the marriage should be considered marital property. Since Florida is an equitable distribution state, Florida divorce courts divide marital property according to the needs of each spouse. It is rare for a judge to classify an asset or liability taken on during the marriage as non-marital property. In the Mills v. Mills case, the former wife successfully convinced the appeals judge to re-classify a home equity loan as a non-marital liability, on the grounds that her then-husband had forged her signature on the loan documents.

Details of the Mills v. Mills Case

During the 37 years that he was married to his wife Brenda, Barry Mills entered into a number of investments, many of which turned out to be profitable. In 2007, Barry and several other investors attempted to form a startup bank. In order to cover his share of the startup capital, Barry took out a home equity loan in the amount of $100,000 dollars; as per the terms of the loan agreement, he pledged the couple’s house as collateral to secure the loan. Certain that Brenda would refuse to sign for the home equity loan, and knowing that he would not have sufficient funds to participate in the startup bank project without the loan, Barry signed Brenda’s name on the loan documents without her knowledge. When the startup bank applied for a state charter, the state refused to issue one, meaning that Barry lost his investment, which totaled more than $245,000. When the lenders required the Mills family to repay the loan, they repaid it using money from Barry’s retirement funds.

When the couple divorced, the trial court classified the loss resulting from the startup bank project as a non-marital liability. The court’s reasoning was that, except in cases of misconduct, all assets and liabilities taken on during the marriage count as marital property. Brenda appealed the decision, arguing that a forged signature qualifies as misconduct.  Barry did not deny forging Brenda’s signature on the loan documents. The appeals court sided with Brenda and re-classified the loss as a non-marital liability. Continue reading

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On the surface of it, the decision about whether to continue working after you have children or to leave the workforce for a certain number of years after your children are born is more controversial than it should be. It is not hard to find blogs and countless discussion forums full of unkind sentiments toward one or the other type of parent. Working mothers might imagine that the mommies on the playground in the middle of the day are judging them for being self-centered career women, while stay-at-home moms might imagine that their peers who continued working see them as boring and lacking drive. Fortunately, Florida law recognizes the contribution of income-earning spouses to a marriage and a family, and it also recognizes the contribution of spouses who do not have a paid job. In fact, Florida divorce courts freely acknowledge that having one spouse stay home with the children can be a source of support to the career of the other spouse and the financial health of a family.

Alimony and Stay-at-Home Parents

Permanent alimony in Florida is the stuff of legend, but it is neither a given nor terribly elusive.  It all depends on the specific circumstances of the family. Typically, the recipient of permanent alimony is someone who was married for at least 17 years and did not earn an income for most of the marriage. Besides chronic illnesses, being a stay-at-home parent is the most common reason for not working during a long marriage. These are some recent cases where stay-at-home parents have requested alimony; in some cases, the courts awarded it. Continue reading

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Of Florida’s six types of alimony, permanent alimony is probably the one that gets the most publicity and inspires the longest legal battles. Florida is one of only a few states where a court can require a divorced person to make monthly alimony payments to his or her former spouse indefinitely. Usually, courts only award permanent alimony when the couple was married for 17 years or more. That is a long enough time for the supported spouse to assume that the couple’s financial situation is permanent. After marriages of such length, it is also likely that the spouses are close to retirement age and may have health problems associated with age.

Courts also sometimes award permanent alimony after a long marriage when the supported spouse is young enough to have a career ahead of her. Kimberly Dickson successfully argued before an appeals court that, because of the 20 years she had spent as a stay-at-home parent, her earning potential was considerably less than if she and her former husband had not agreed that she should stay home for all those years. In other words, courts take into account a spouse’s contributions to a marriage that are not in the form of currency and other material assets. Kruse v. Levesque is another case where an appeal court awarded permanent alimony to a woman in her 40s; in this case, the marriage had lasted only 11 years, and the court ruled that permanent alimony was appropriate because of the wife’s disability. Continue reading

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When Floridians move out of state, for example, to attend an out-of-state college, they can find plenty of reasons to brag to their buddies from other states. I swam in an alligator-infested river and lived to tell about it! Yes, people flaunt their cosmetic surgery-enhanced bodies on Florida beaches every day, even Christmas! I have had a driver’s license since my 16th birthday, and I have never once parallel parked, not even on my driving test! The last boast is what makes your buddies do a double-take, since the other Florida quirks are quite famous. It is entirely possible to get a driver’s license in Florida without learning how to parallel park; almost everywhere has a parking lot or parking garage, anyway. What you do need to do in order to get a driver’s license in Florida before you can take the test to get your license is complete a one-day course about traffic safety and Florida traffic laws.

What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course. Continue reading

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When the phrase “imputed income” is mentioned, the first image that comes to many people’s minds is the media stereotype of the deadbeat dad. They picture a man who refuses to seek work or who only takes jobs that pay under the table. The stereotypical deadbeat dad is someone who cares more about avoiding paying child support than about the wellbeing of his children. His pride will not allow him to let the court tell him how to spend his money, no matter how much or how little of it he has. He lets his bitterness toward his ex-wife cloud his judgment, so the court decides how much he should be earning and forces him to pay, setting in motion a cycle of bitterness and unfulfilled obligations.

Regardless of the fact that there are far fewer true deadbeat dads in real life than there are in the popular imagination, child support obligations are not the only reason that Florida’s family courts make decisions based on someone’s imputed income. The Koscher v. Koscher case involves the divorce of a wealthy couple who did not have minor children at the time of the divorce. Instead, the judge relied on imputed income purely to determine alimony payments.

What is Imputed Income?

In short, imputed income is estimated potential income. When a supporting spouse (or a parent paying child support) is earning an income, the courts base the amount of support payments on the income amount. If the court determines that the person is voluntarily unemployed or intentionally earning less money than he or she could, the court bases the support payments on what the person should be earning based on his or her previous work experience and previous income amounts. Continue reading

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Florida is one of only a few states that still allow permanent alimony, and for that it has gained some notoriety. Of course, the requirements for awarding permanent alimony are quite strict, and the cases that involve it tend to be complex. The guiding principle that Florida courts use in determining spousal support and other matters related to property division is equitable distribution. Equitable distribution means assigning to each spouse the assets and obligations that the court deems fair based on the couple’s unique circumstances. As you might imagine, there is plenty of room for disagreement about what is fair. The Wayne v. Einspar appeal is a recent Florida family law case in which a former spouse challenged the court’s decision regarding equitable distribution.

Background of the Wayne v. Einspar Case

Matthew Wayne and Susan Einspar divorced in 2013, after their son had reached adulthood. At the time of their divorce, both parents had separately cosigned for various loans for their young adult son. Wayne was a cosigner on the student loans, and Einspar was a cosigner on the car loan. In the original divorce decision, the court did not count the loans as marital property.  Additionally, the court required Wayne to pay permanent alimony to Einspar and to keep a life insurance policy with Einspar as the beneficiary in order to secure this alimony. Wayne filed an appeal, challenging the court’s original decision on 10 counts, many of them related to alimony. Continue reading

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The longer a couple has been married, and the more assets they have, the more complicated the case tends to be if they divorce. Perhaps the most bitter divorce battles center around the physical custody of minor children and the right to make decisions related to their upbringing. When a couple does not have minor children, the biggest disagreements usually have to do with the division of property. Florida courts have clear rules about what is marital property and what is non-marital property, but there is still room for complicated situations to arise in which each spouse can make a claim to a certain asset. For example, if one spouse earned a lot more money than the other during the marriage, how should that money be divided? If one spouse used the couple’s money irresponsibly, how does that affect the court’s decision about how to divide the property?

Florida’s Equitable Distribution Doctrine

Florida courts divide divorcing couples’ property according to the principle of equitable distribution. In other words, they go by what is fair. They do not always divide marital property evenly, and they do not simply take into account how much income each spouse brought in and then let each spouse keep only the money he or she earned. Florida law also considers unpaid contributions to the marriage as reasons a person is entitled to a certain share of the marital property. For example, time spent as a stay-at-home parent also counts as a contribution. The logic is that, when taking care of the children full time, the stay-at-home parent spouse was freeing up the other spouse to concentrate more on earning money.

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No matter your profession, you have probably seen articles circulating online or on email lists about industry-specific words to expunge from your vocabulary. Most of these articles flag certain words for deletion because they are clichés or neologisms. The first time you clicked on a clickbait article telling you to avoid saying “think outside the box” or “circle back” was probably years ago, when the term “clickbait” was known only to professional writers. The family law terms you should remove from your vocabulary, however, are actually misleading. They refer to outdated concepts in family law and therefore are unhelpful in thinking about your divorce and parenting plan.

Custody

People tend to speak of one parent having custody of the children after a divorce, while the other parent has visitation. In the 1980s and 1990s, it was more common than it is now for children to spend most of their time with one parent and to spend only two weekends a month with the other parent. Now, when possible, courts often rule to have children spend at least two nights per week with each parent. Exceptions are when the parents live so far away from each other that it is not practical to transport the children back and forth each week.