Temporary Alimony: What is it?
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
Divorce is hard on everyone involved. Spouses, partners, children..even extended families face a jumble of emotions. Although this is common and is to be expected, all this can lead to mistakes that can have long-lasting effects, emotionally and financially.
Below are our top 10 common divorce mistakes as well as tips to avoid these pitfalls.
#1: FAILURE TO TAKE CONTROL OF YOUR DIVORCE
During your divorce, remember that this is your divorce. Do not allow your attorney, friends, or family members to take control. These well-meaning individuals will not have to live with the decisions made, you will. Take your time, select an attorney that you are comfortable with, and be honest with him/her and yourself.
#2: MAKING SIDE DEALS WITH YOUR SOON-TO-BE EX
Even if you and your spouse/partner continue to have an amicable relationship throughout your divorce, do not make the mistake of entering into side agreements with your soon-to-be-ex. It is imperative that everything is documented in your written settlement agreement so that your interests, and your children, will be protected. Life will change for you and your ex after the divorce and new relationships can create havoc with ‘but you promised’ if it isn’t in writing.
#3: NOT BEING HONEST WITH YOUR ATTORNEY
Your attorney can only work with the facts that you give him. If you fail to disclose everything regarding your case to your attorney or if you mislead her regarding the facts of your case, the person you wind up hurting is yourself. Be open and honest with your attorney, regardless of the issue.
#4: NOT BEING HONEST WITH YOURSELF ABOUT YOUR NEW FINANCIAL REALITY
Going from supporting one household to supporting two is more expensive than a lot of people realize. Write everything (veterinarian expenses, cable bills, uniforms for school teams……..everything!) down in your financial plan and be realistic on the ‘needs’ vs the ‘wants’. Remember, you don’t only split the assets you accumulated; if you and your spouse jointly accumulated debts during the marriage, ensure that your settlement agreement explicitly sets out who is responsible for paying back that debt. Make sure that your attorney has your name removed from any liabilities that you are not responsible for, such as mortgages or credit accounts. This will ensure that you are not held liable for debts that you are not responsible for.
#5: HIDING ASSETS
Individuals have a legal obligation to disclose all assets and liabilities during divorce proceedings. It is for the court to examine all assets and then determine whether they should be divided and how to do so. The intentional act of failing to disclose assets will be frowned upon by the court and can result in significant penalties. Even doing so accidentally can complicate the divorce process.
#6: HOLDING ON TO ASSETS THAT DON’T MAKE FINANCIAL SENSE
It is common for people to be sentimental and attached when it comes to the family home and other assets. But sometimes, holding on does not make financial sense. Larger properties require a greater amount of upkeep. Additionally, mortgage payments, taxes, repairs etc. can soon mount. Fighting to hold on to your home could do more damage than good in the long run.
#7: NOT CHANGING YOUR WILL OR ESTATE
In many states, ‘the occurrence of significant life events invalidates any previously executed wills’. It is important to revise your will or estate plan upon your divorce. This will ensure that your true wishes are carried out upon your death, especially if you decide to remarry.
#8: MAKING DECISIONS TO HURT YOUR SOON-TO-BE-EX
Divorce can be an intensely emotional process. In the heat of all these emotions, partners are often motivated to make decisions based on revenge or spite. Making rash decisions will often place you in a worse position. Remember the goal is to end. Trust your attorney; he or she is there to protect you.
#9: RUSHING TO ‘GET IT OVER IT’
On the opposite side, pushing a divorce through quickly and making an abrupt settlement can be a tempting prospect. Nobody relishes the thought of a drawn-out legal battle. However, making hasty decisions is typically not in your best interests.
#10: SELECTING THE 1ST ATTORNEY YOU SPEAK WITH: OR NOT HIRING AN ATTORNEY AT ALL
Although you may have friends or family members who have gone through the divorce process, they are not attorneys, and often the advice attorneys give may vary from case to case. And, do not take legal advice from anyone other than your attorney.
Take your time, interview a few attorneys, read their reviews, and check out how long have they been practicing family law. Did you speak to the attorney when you called for your free consultation or an intake person or the paralegal? Did they listen? It’s an important decision. Choose wisely.
And #11: Be really careful about sharing anything about your divorce on social media. Why? Read Getting Divorced? The 7 Golden Rules About Posting On Social Media
By HLA
The new legislation signed into law on July 1, 2023, not only affects alimony and timesharing; it also changes the law regarding support for dependent adult children.
A dependent adult child is an unmarried adult who cannot support him/herself as a result of a physical or mental incapacity that began before the age of 18. In Florida, parents have a legal obligation to support their dependent adult child. It would seem unnecessary to pass a law to compel parents to take care of their dependant adult child- but it turns out to be necessary after all.
The bill grew out of a situation involving the Miami father of a 27-year-old Down syndrome child who refused to support her. A lawsuit against the father was filed in 2019 and the circuit court dismissed the case. The court ordered the child to pay her father’s legal fees because it was determined to be a frivolous lawsuit. An appeals court determined the lower court had erred in 2020, however.
“This codifies the law so cases like this don’t happen,” said a spokesperson for the Family Law Section of the Florida Bar. “This gives courts a clear guideline in determining if and when to award such support.”
If a parent fails to do so, a lawsuit to establish support may be filed by:
The dependent adult child
His/her agent under a power of attorney
A parent or other person on behalf of the child
Or the dependent adult child’s guardian.
This lawsuit may only be filed after the dependent adult child has reached the age of 17 years and 6 months.
Support ordered by the court after the dependent adult child reaches 18 may only be paid only to the child, an agent with a power of attorney, a court-appointed guardian, or assigned to a special needs trust.
The amount of support that parents will be required to pay to support a dependent adult child is based on the needs of the child and the ability of the parents to pay. The court will consider the following:
The dependent adult child’s income
Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity. That includes the substantial care and personal supervision directly required by or related to that
Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult
The financial resources available to each parent for the support, care, and supervision of the dependent adult
Any other financial resources or other resources of programs available for the support, care, and supervision of the dependent adult
The court may not order support that will cause ineligibility for any means-based government programs and benefits.
An experienced family law attorney can assist in obtaining support and further clarify the rights of a dependent adult child and secure support from obligated parents.
Hoffman, Larin & Agnetti, P.A. has been representing families for over 40 years in Miami-Dade, Broward, and 25 years in Islamorada and Key West. Call our experienced Family Lawyers at 305-653-555 to review all your Divorce, Separation, Custody, Paternity, Domestic Violence, and of course Parenting options.
Hoffman, Larin & Agnetti. Experience and Results Matter.
By HLA
A new law in Florida makes it easier for unmarried fathers to be legally recognized as the child’s parent, with all the rights and responsibilities that come with it.
Previously, unmarried fathers had to go through a lengthy and expensive process to establish paternity in court. But the new law, which goes into effect on July 1, allows fathers to be declared the natural guardians of their children if both parents sign a voluntary acknowledgment of paternity.
This means that fathers will no longer have to go to court to get custody rights, and they will have an equal say in their child’s education, health care, religion, time-sharing, and safety.
Divorce is fraught with all sorts of challenges for everyone involved and rarely brings out the best in anyone. Sadly, it is not uncommon for one spouse to try to turn the situation to their advantage, especially when it comes to alimony payments. If you suspect that your spouse is playing games to avoid paying alimony, there are a few things you can do.
The first step is to gather evidence that your spouse is misrepresenting their income. This could include things like tax returns, pay stubs, or bank statements. If you can prove that your spouse is capable of earning more money, but is choosing not to, the court will calculate the amount of income that is consistent with his/her past employment, education, and ability to earn.
If you currently have an alimony or child support award, you, or your attorney, can file a petition to modify a prior award with the court. In your petition, you will have to show that there has been a substantial change in the other party’s income. If your income has decreased (e.g., due to loss of job, illness, etc.), that also may allow you to file a petition. If a parent does not abide by a child’s time-sharing order, this can also be grounds for modification.
Note: an attorney might be able to file a modification to have these legal fees paid by your former spouse.
It is important to have an experienced family law attorney represent you in this process. A lawyer can help you collect information, file the necessary paperwork, and represent you in court.
Modifying alimony can be a long and difficult process. Your spouse may try to fight the motion or drag out the process. Be prepared for a battle and be patient.
If you have legitimate reasons to believe that your spouse or former spouse is hiding their true income, an experienced lawyer, can through “discovery” (requests for production, subpoenas, proof that the other party’s claimed income is inconsistent with their life-style, etc.) establish your alimony or child support entitlement.
If you are facing this situation, it is important to remember that you are not alone. There are many people who have been through this and there are resources available to help you.
The divorce rate for Floridians over 50 has doubled in the last 20 years. Couples can divorce later in life for the same reasons younger couples split up. But when you’re over 50, these reasons are framed by aging and the realization that you have more years behind you than ahead of you.
While there might be differences in the emotional impact of a ‘grey divorce’, the biggest difference is that there is less time to recover financially. If you’re filing for divorce later in life (or are just considering it), there are 8 common mistakes you want to avoid.
8.16.22 Update: This post focused on the soon-be-divorced. But these tips are just as relevant for the already divorced, especially when there are children involved. People have a false sense of security thinking that what they post, tweet, pin or tok is really private. It’s not. One family found their family photo being used in an ad in the Czech Republic. Divorced parents raising children is a continuous series of negotiations and compromises. Read the DO NOT at the bottom..these are good rules to help keep the peace.
A client read our post “BEEN INJURED? 5 RULES ABOUT POSTING ON SOCIAL MEDIA” and asked ” Do these rules matter in my divorce?
Yes.
According to the American Academy of Matrimonial Lawyers, 81% of divorce attorneys say they’ve seen an uptick in the number of recent cases where social media evidence was used.
You’re in the middle of your divorce and it’s natural to reach out to your friends and family online for comfort and sympathy. But do you know who else is scouring your social media sites (which are never really private)? Your soon-to-be-ex and their lawyers! And every post, tweet, snap, etc you post during this process can be used in a court of law.
RULE #1: Tell your friends and family…but: Tell them about your intent to divorce but PLEASE ask them not to post about your spouse or his family. Bashing your ex might feel good for the moment but all it really does is rile up emotions. And these posts, pins, tweets or snaps can be used against you. Ask your friends and family to take their comments offline.
RULE #2: Don’t share anything you wouldn’t want a judge or your grandmother to see. If it’s out there, opposing counsel will usually find it. Just don’t’ say, share or do anything your grandmother wouldn’t be exceedingly proud of.
RULE #3: Live your life as if cameras are constantly following you around and taping what you’re doing at all times. Social media provides a direct window into your private world. Only post positive, truthful thoughts and photos, or unplug completely (highly recommended). And tell your friends and family not to tag you in their posts or photos.
RULE #4: Assume everything you do online will be found. If it can be found by opposing counsel, your soon-to-be-ex, or their friends and family, and will be used against you. This also applies to phone and text records, emails, dating sites, and more. Don’t rely on privacy settings. Privacy settings are subject to change and can be difficult to manage effectively. If someone wants to see what you are posting, they will, despite the illusion of a ‘privacy wall’.
*And don’t think you can erase your posts. If the WaybackMachine can locate any webpage from years ago, it can find a nasty post or photo from last week.
RULE #5: If you’re debating whether or not it’s a good idea to share, comment or like something on social media, just don’t do it. Really, just don’t.
RULE #6: Don’t post photos of your children: Wait until you and your ex agree on the approach.
RULE #7: Don’t underestimate the power of social media evidence in the courtroom. Judges and juries are intrigued by social media evidence and they consider it just as persuasive as other evidence – sometimes more so. A post may be worth a thousand words.
Although you may enjoy your social media interactions and appreciate your friends and family commiserating on your divorce, social media silence will be your best strategy before and during your divorce.
To protect your case, do NOT:
Divorce, separation, and child custody cases are wrenching experiences but sharing might harm your case. We advise our clients to go silent on social media before and during their divorce.
In these cases, silence is truly golden.
When you are looking for a family law attorney, why HLA? We are not the largest, nor do we have the flashiest billboards. What we do have is 35 years of representing family law clients throughout South Florida which earned us the reputation as Experienced Litigators with a Reputation for Results. Call us at 305-653-5555 or email us at [email protected] for YOUR FEEE CONSULTATION. Learn why over 85% of our cases come from referrals from our clients and even other attorneys.