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Fort Myers Divorce Law Blog

How a prenup can help a breadwinner spouse avoid paying alimony

If you work in a field that required you to work hard to get to where you're at, then most likely you want to protect as many of assets from being split up if you and your spouse divorce. One of the best ways to ensure that what you have worked so hard to amass doesn't get lost is to draft a prenuptial agreement before you get married.

In most jurisdictions, having a prenup in place can help the breadwinner spouse avoid having to pay alimony to the other in the event of a divorce. In order to ensure this occurs, it's important that your prenup clearly states that there will be no award of spousal support to your ex in the event you divorce.

Regaining custody by using the parental alienation defense

A new trend is emerging when it comes to how non-custodial parents are going about petitioning for custody of their children. One parent may initially agree to allow the other to retain sole custody of the child, only to use what seemed to be a voluntary relinquishment against the custodial parent to later deprive him or her of his or her rights.

The increasingly popular child custody strategy is commonly known as parental alienation syndrome. A parent wishing to gain custody of his or her children will often initially seem to be willing to give up custody. Some time later, they will file a petition in court citing the other parent's attempts to turn their child against them.

Splitting up the artwork in a divorce

When it comes to high asset divorces, one of the items that a couple ultimately seems to battle it out most about is who's going to end up with the artwork. For some husbands or wives, their emotional attachment to one piece of art or another comes to take on the form of a child custody dispute. In cases in which it does, the monetary value of a piece becomes a lot less important than does it's sentimental one.

In dividing up art collections in a divorce, couples should first look to inventory their collection. In doing so, they should note what pieces were acquired before the marriage and during it. If any pieces have been sold since the couple's separation, then they should note the price it was liquidated at. If there are pieces that were acquired during the marriage, yet haven't been sold, then they should be appraised.

Factors that impact alimony awards in Florida

In Florida, state statute 61.08 describes alimony as having the purpose of bridging the gap as a spouse moves from being co-dependent on their husband or wife to being self-supporting. These support payments are rarely ordered to be paid long-term. Instead, a judge takes into account a number of different considerations when deciding how much spousal support to award either the husband or wife.

According to subsection 5 through 8 of the aforementioned state alimony statute, a judge must consider the standard of living enjoyed by the couple during their marriage as well as how long it lasted. Another factor that a judge is required to take into consideration is how much in terms of financial resources that each spouse contributed to the couple's assets as well as liabilities.

Key factors about the prenuptial process

Whether or not to arrange a prenuptial agreement is a common discussion amongst couples and those getting engaged. In some cases, even married couples decide to create them. Though some individuals consider it to be taboo, there are those who recognize a prenup as a way to gauge and mold marital expectations, as well as legal financial protection. If you are considering a prenuptial agreement, there are a few key factors to keep in mind.

In the state of Florida, the Uniform Premarital Agreement Act governs prenups. In short, they must write out a prenuptial agreement and both parties must sign in order for it to be valid. Before a prenup, both parties should assess all assets. To help avoid agreement issues in the future, it is best to account for predicted finances and achievements. For example, if one partner is in medical school, the prenup should account for that individual’s future salary.

Why those who hold military jobs have the highest rate of divorce

We've all long known about the ill effects that stress can have on our own health. Now, according to a recently released study, it seems if you're under 30 and work in certain industries, then that stress has the potential to break up your marriage as well.

In a newly-released study, researchers analyzing United States Census Data found that the highest divorce rate among those 30 and younger existed among enlisted military officers. They have a staggering divorce rate at 30 percent. Among the worker groups with the next highest divorce group this age group, those working in tactical operations or air weaponry for the military, as auto mechanics, or in logistics also had high rates of divorce.

The difference between child custody and parental responsibility

When it comes to child custody, in recent years, the concept has come to be known in Florida as "parental responsibility" instead. It's under Florida Statute 61.046 that family judges are authorized to make decisions as to whether one parent should be granted sole responsibility for his or her child or if that right should be shared between both.

In Florida, whether the couple is married or not has no bearing on a judge's parental responsibility decision-making. Instead, all that matters is that both parties can prove their legal connection to the child. If they can, then they both are entitled to demand custody.

Female breadwinners and how they can avoid getting divorced

According to 2009 Bureau of Labor Statistics figures, at least 38 percent of heterosexual marriages are lead by female breadwinners. Among similarly married individuals, women earn at least 29 percent more than their husbands do.

Wives earning more than the men they live with is an ever-increasing trend, not all that different from divorce. While it'd be easy to say that a woman's higher earnings gives way to higher rates of broken marriages, researchers have recently determined that's only an accurate statement under certain circumstances.

The months couples are most apt to divorce in the United States

Summer is here and thus divorce season is now officially in full force. According to researchers with the University of Washington, divorce filings are highest throughout the country in the months of March and August.

Researchers at the school had initially begun their quest to analyze marriage and divorce statistics in Washington state between 2001 and 2015. In doing so, they hoped to gain a better understanding as to whether the recession had any impact on these rates. Much to their surprise, what stood out most among the data they crunched was a different divorce trend.

Understanding Florida child support

Divorce can be tough for anyone, but if you have children, you may face additional issues. Florida couples in the process of divorcing often have questions about how child support works.

The concept of child support has its roots in the legal principle that parents must support their children. For this reason, courts generally approach the allocation of child support based on how much each parent would spend on supporting the children if they were still together.