Does EVERY Asset Have to be Assessed?

Do you literally mean everything in the house? I mean, down to the skateboards and the kayaks? The best rule of thumb is if you want the court to distribute the asset, you need to identify it, no matter how small or how large. The court can only go with the information that’s provided to

Avoiding Pitfalls: Lessons from Case Law

Florida’s family law history is rich with cases of retirement asset division, some of which serve as cautionary tales from the importance of meticulously drafting QUADROS to unexpected tax consequences. Learning from past cases can guide smoother asset division. When it comes to dividing retirement assets in a divorce, knowledge and precision are paramount. For

When is the Value of My Assets Decided?

Every asset and every liability to be valued or identified is going to be on a case-by-case basis. And that’s why it’s really important for any party to speak with an experienced family law attorney to discuss the specific facts with respect to each asset so that the client can know what will the value

Tax Implications in Retirement Asset Division

Mishandling the division of retirement assets can lead to significant tax consequences. From early withdrawal penalties to increased taxable income, it’s crucial to approach the division with tax implications in mind. For more information, please contact an experienced family law attorney.

Can I Use the Bank Account During My Divorce?

If a party has to use the bank account to pay for normal marital expenses during the pendency of the lawsuit, then the court has the authority to value the account as of date-of-trial. For example, if one party has no income and they have to use that bank account to pay for a mortgage

Social Security Benefits and Divorce

While Social Security benefits aren’t divided in divorce, like other retirement assets, an ex-spouse might still claim benefits based on others records. Knowledge of the requirements and limitations can impact post-divorce financial planning. For more information, please consult an experienced family law attorney.

Valuation Date: Why Timing Matters

The value of retirement assets can fluctuate. The chosen valuation date for these assets and the divorce process can significantly influence the division amount. Whether the date of filing, separation, or another agreed-upon date is used, understanding its implications is crucial. For more information, please consult an experienced family law attorney.

What is P in PEACE?

P stands for parental responsibility and timesharing. So essentially the court is going to want to rule on the children’s issues first. Parental responsibility is decision-making over the minor child and timesharing, which used to be called visitation, but that’s really where will the child sleep at night, at which parent’s house. So the court

What to Tell Your Lawyer Before the Consultation

The biggest things that I ask clients about, or potential new clients about, tell me about your assets, your bank accounts, your retirement accounts, your, the real property that’s owned, automobiles, are they owned or leased, checking accounts, savings account, income, pay stubs, pay records, tax returns. We also ask about credit cards, other liabilities,

Military Pensions and Divorce in Florida

Military pensions come with unique rules. The Uniformed Service of Former Spouses Protection Act governs their division, allowing states to treat military pensions as marital or community property. Understanding the nuances can ensure fair distribution. For more information, please consult an experienced family law attorney.

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