Fort Lauderdale Family Law Attorneys Blog

Florida governor vetoes proposed spousal support legislation

2013-05-13T05:25:55Z

The issue of alimony reform is a hot topic in the state of Florida, and one which we've discussed in the past. Now, Gov. Rick Scott has put at least a temporary end to some supporters' hopes that SB 718 would become law in our state. It was set to make Florida the fifth state in the country to put an end to permanent spousal support in its jurisdiction. However, Scott stepped in to veto the bill just hours before it would have otherwise automatically kicked into effect.

Gov. Scott did release statements praising the efforts of the bill's sponsors to enact some type of alimony reform in the state. However, the governor claimed that he just couldn't sign off on this bill because he felt that, in particular, the retroactive nature of the proposed legislation would result in injustice toward those who have already had their divorce cases settled. He further pointed out the fact that Florida law does provide remedies for those who feel that their spousal support amounts should be adjusted.

]]> Under the proposed legislation, specific limits would have been placed on just how much alimony could be awarded in divorce cases. It would also have limited how long a former spouse would be entitled to collect alimony from an ex. Further, exes would be barred from collecting alimony for longer than half the time that the marriage lasted, and short-term marriages would not be awarded alimony nearly as often as in the past.

Some were surprised that this spousal support bill did not make it past the governor, considering that it passed through the Senate by such a large margin. Going forward, couples in Florida considering a divorce may wish to keep informed on efforts to reform alimony laws in our jurisdiction. This could affect how they negotiate a divorce settlement and whether they wish to litigate their divorce in court or choose another avenue, such as mediation.

Source: Fox News, "Florida Gov. Scott vetoes bill that would end permanent alimony in state," May 2, 2013

Kim Kardashian's divorce from Kris Humphries finally finalized

2013-05-06T09:57:18Z

Many Florida reality TV fans are familiar with the whirlwind courtship of Kim Kardashian and NBA star Kris Humphries, which was followed by a short-lived marriage and then a long-lasting divorce. In fact, the divorce took 465 more days to finalize the divorce than the couple's 72-day marriage lasted. A final settlement was recently reached that put an end to the couple's marriage.

Humphries protested the divorce proceedings for some time, claiming that Kardashian committed fraud in marrying him. He had been pushing to have the marriage ended by annulment rather than divorce. This delayed the proceedings for quite some time until he recently agreed to a settlement in the case. Reports indicate that the couple's existing prenuptial agreement will hold tight and Kardashian will not need to hand over any money to Humphries in the divorce.

]]> The couple reigned supreme in reality television land while they were courting. This culminated in an extremely expensive, multi-million dollar wedding that was shown on the E! network over a two-day period. The wedding bells didn't last long, however, and Kardashian filed for divorce from her new husband not even three months after the wedding.

Divorce can be an extremely difficult process for any Florida couple to endure outside of the public spotlight. For celebrities like Kim Kardashian and Kris Humphries, it can be even more challenging as far as media attention goes. No matter a person's wealth or fame, though, gaining a strong understanding of divorce laws and the property division process can often help take a lot of the strain out of the situation.

Source: Huffington Post, "Kris Humphries Divorce From Kim Kardashian Official Nearly A Year And A Half After Filing," April 19, 2013

Florida Legislature passes bill promoting equal parenting plans

2013-04-29T08:59:40Z

Parenting plans are often a big concern for Florida parents who decide to end their marriages in divorce. For some, reaching parenting plans that are mutually agreeable to both parents sometimes seems challenging. In the past, family law in most states assumed that the mother would automatically be the parent to receive primary custody of any children. These days, it is becoming much more common children to spend their time more evenly split between both parents.

In fact, the Florida Legislature recently approved a bill that would not only put an end to permanent alimony, but also alter child custody laws in the state. The proposed law still needs to go in front of Florida's governor. However, if passed, the law would require that parenting plans be enacted with equal time sharing between parents. Certain exceptions would be allowed, but for the most part equal parenting time would be viewed as being in the best interests of children.

]]> This change to child custody laws could help decrease the bitterness that divorce battles can inspire. By requiring parents to more equally share time with their children, the proposed law would promote fairness for parents of both genders. It would also benefit children by ensuring that they get to spend significant portions of time with both parents, rather than favoring just one over the other.

Divorce is often difficult for both of the spouses whose marriage has ended. Many would agree that it is far more challenging for children, especially in cases where a divorce becomes more contentious. Should this bill requiring more equal parenting plans be passed, it could be one step toward ensuring that children are not forced into the middle of warring parents after a divorce is finalized.

Source: jacksonville.com, "Bill ending permanent alimony in Florida goes to governor," Kate Howard Perry, April 18, 2013

Tips when considering a Florida prenuptial agreement

2013-04-22T13:07:24Z

Prenuptial agreements sometimes get a bad rap among Florida couples engaged in wedding planning. Some individuals seem to believe that they shouldn't need to sign a prenuptial agreement because they know each other so well. The fact of the matter, however, is that a prenuptial agreement can provide protections to both partners in a marriage regardless of how well they know each other. Negotiating a prenup can also provide the couple one more opportunity to thoroughly discuss many of the common stressors in a marriage to make sure that they are on the same page now.

Those Florida couples who do agree that they should enter into a prenup may wish to keep several factors in mind as they do so. First, it's usually a good idea to make sure to finish up all of the prenuptial negotiation at least a month ahead of the wedding ceremony. This avoids giving off the appearance that either party was unfairly coerced or rushed into signing the prenuptial agreement. While it can be difficult to successfully challenge a prenup, negotiating one well in advance can help avoid that eventuality.

]]> Another way to avoid making it seem like either party was unfairly induced to sign the prenup is to make sure that each partner has separate legal representation before signing. This can ensure that each future spouse has an attorney looking out for his or her best interests. Having just one attorney for both could lead to issues in the future if either spouse alleges that the attorney unfairly favored one over the other, even if unintentionally.

A prenuptial agreement doesn't have to cost an arm and a leg, especially for Florida couples who have a fairly straightforward arrangement in mind. Future spouses should likely make sure they cover all of their financial bases, including any pensions or retirement accounts that may come into play, and also specify what will happen in the event that one of the spouses dies. Finally, those couples who have already wed but want to establish arrangements similar to a prenup may look into the feasibility of adopting a postnuptial agreement, which can let them agree on many of the same things as a prenuptial agreement would.

Source: family.lifegoesstrrong.com, "On Prenuptial Agreements and Postnuptial Agreements," Karen Springen, April 7, 2013

Steps Florida women can take ahead of property division process

2013-04-17T04:18:26Z

In many cases of divorce in Florida and across the nation, husbands earn more than their wives, which often leads to the wife being the one to request spousal support during property division. In some property division situations, however, the wives are actually the higher earners. This is becoming increasingly common as women earn more in American workplaces and stay in the workforce for longer periods of time. Women who do earn more than their husbands may need to consider several potential steps to protect themselves if a divorce seems like a possibility.

This can be especially important in high-asset marriages, where one or both spouses have a significant amount of property worth protecting. When possible, these couples should consider a prenuptial agreement ahead of the marriage. If that ship has already sailed, though, it may be possible to look into filing a postnuptial agreement. Florida law does allow for these types of agreements. As the name suggests, this is simply when a couple agrees to how assets will be split up in the event of a divorce after having already gotten married.

]]> Another step that women can take to help protect themselves financially is to keep separate bank accounts that only they can access. This can be in addition to whatever joint accounts they keep with their spouses. Having a cushion of money that a spouse cannot touch simply allows them to enjoy a measure of financial independence, even in the event that a marriage does hit the rocks. Whether to inform a partner about this account will depend upon the specifics of each individual case.

Another step that spouses may want to consider when it seems like property division will be likely is to maintain inheritance funds completely separate from marital assets. Using inheritance funds to cover marital costs may lead to their status as exempt during divorce change, so that's something to keep in mind. Finally, wives may want to take steps to protect any businesses they own themselves, such as establishing some sort of trust or agreement that can help safeguard a company's viability in the event of a divorce. By taking steps like these ahead of time, women may be able to save themselves unnecessary headaches down the road.

Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013

Florida considers bill to end child custody rights of rapists

2013-04-10T19:34:42Z

Most child custody disputes arise after a married couple chooses to divorce, or when an unmarried couples decides to call it quits. Some of these child custody cases are more contentious than others, but most of them have one thing in common: a couple engaged in a consensual relationship that resulted in the creation of a child. In rare cases, however, children are born as the result of sexual assault. Florida legislators are taking steps to make sure that a convicted rapist will not have the same parental rights as a father who was part of a consensual relationship.

The new bill, which would prevent a rapist from claiming custody rights over a child conceived in an act of 'sexual battery,' has already passed the Florida Senate Justice Committee after a unanimous vote. If the bill passes the next steps and is enacted into law, Florida would join at least 19 other states with similar laws. These laws are meant to ensure that someone who commits an act of incest or sexual assault can have their parental rights terminated rather than being able to continue victimizing the woman who they assaulted.

]]> There have been attempts to challenge such laws in the past, but they have been unsuccessful. One federal appeals court pointed out in their ruling that there is nothing in the Constitution which prevents states from enacting laws that limit a father from claiming parental rights after engaging in an 'illicit' action, such as sexual assault or battery. The bill moving being considered in the Florida Legislature would allow this same legal theory to protect women who are raped, become pregnant and choose to carry their children to term in our own state just like in these 19 others.

Any woman who has become pregnant after an act of sexual assault may be interested in following this bill as it proceeds through the Legislature. This may make it easier for them to assert their own child custody rights should a convicted offender attempt to make a parental claim of his own. Most in our state would agree that it is extremely unjust to allow a convicted rapist to victimize a woman not once, but twice, and this bill appears set to make sure this can no longer happen in Florida.

Source: The Miami Herald, "Bill would prevent rapists having custody of kids," April 2, 2013

Florida divorce: Oil billionaire Harold Hamm, wife split

2013-04-03T06:22:03Z

A divorce involving high-profile and wealthy individuals often gets a lot of public interest in Florida and across the country. One recent divorce case is drumming up intense scrutiny not just nationally, but potentially on a global basis as well. One of the reasons for this is the fact that it involves the man who was ranked No. 35 on a Forbes list of richest Americans. The man is Harold Hamm, a self-made billionaire who owns a 68 percent interest in one of the nation's most quickly-growing oil companies.

He and his second wife, Sue Ann Hamm, were married for nearly 25 years before she filed for divorce back in May 2012. According to news reports, the husband-and-wife duo built the oil company up together, and it is not yet known whether a prenuptial agreement of any sort exists. These factors could possibly make this one of the most expensive divorces in the country, if not the world.

]]> In this specific case, Sue Ann Hamm claims that husband Harold cheated on her. She stated that her discovery of an affair he allegedly had back in 2010 ultimately prompted her to seek a divorce. Once news of the divorce began making headlines, representatives from the billion-dollar oil company sought to reassure investors that the marital split would not negatively affect Continental Resources or its operations.

The public interest in this particular divorce is fierce, in both Florida and abroad. With billions of dollars at stake, it only makes sense that this divorce has drawn such intense scrutiny. The average Florida couple may experience much less pressure from the public at large, but their own divorces can be stressful in their own rights. Couples who take the time to research their rights and responsibilities as they engage in this process may find it helps take some of the stress out of the situation.

Source: ABC News, "Hamm Divorce Could Be Most Expensive of All Time," March 23, 2013

Proposed Florida spousal support reform passes 1 Senate committee

2013-03-27T15:20:04Z

We've posted in this blog before about proposed alimony reform in Florida ('Florida Legislature weighs changes to alimony laws' on Feb. 21, 2012), and a new bill intended to put a stop to permanent alimony is now making its way through the state legislature. The bill, which has already received approval by a Senate committee, would stop permanent spousal support awards and also determine set guidelines for how courts determine the amount of alimony to be paid. Judges would have the potential to raise or lower such caps, but they would have to specify their reasons for doing so in writing.

The new alimony legislation would also limit the time that a person can draw spousal support to no more than half the time of a marriage. This bill passed the Senate Judiciary Committee in an 8-1 vote and will now go two other committees. Once it goes to the Rules Committee, it should be placed in line for scheduling on the official calendar so it can be debated on the floor.

]]> One other limit that the proposed bill would place on alimony seekers is placing the burden of proof on the person who wants to receive alimony. Such individuals must demonstrate that they have true need for the alimony and that the other party is able to afford to make the payments. On the other hand, even when alimony is awarded, the paying party would be able to request the alimony to stop once they hit retirement age.

Those who oppose this proposed spousal support bill claim that it will negatively impact women. They maintain that it could vastly increase the amount of litigation in Florida from those seeking to modify their current spousal support arrangements. Those spouses who are currently going through divorce in our state may wish to keep an eye on this bill as it could affect their own plans for either seeking alimony, or their expectation that they may be required to pay such support to a soon-to-be ex.

Source: The Florida Current, "Bill to end permanent alimony bill OK'd by Senate panel," Bill Cotterell, March 12, 2013

A Florida prenuptial agreement should be discussed in advance

2013-03-19T19:09:33Z

Many Florida couples are hesitant to bring up the topic of prenuptial agreements with each other. For some, the mere suggestion of signing a prenuptial agreement makes them think that the other person doesn't trust them. Many times, though, this simply isn't the case. Negotiating a prenuptial agreement can provide couples with the perfect opportunity to discuss many of the most important issues that will come up in a marriage-which is often something people don't discuss until it's too late.

Waiting to discuss those issues like finances and child-rearing can often add stress to a marriage when couples discover that they have widely-varying beliefs on how things should be done. This can sometimes lead to the marriage dissolving in divorce. While prenuptial agreements can often help people hash out issues before the actual marriage start, something that is invaluable for open communication, there are certain things that must be kept in mind. First, both potential spouses must be given ample time to review the prenup, and there shouldn't be any undue duress placed upon anyone to sign the agreement.

]]> Recently, a court in New York took the unusual step of invalidating a prenuptial agreement between a couple. The court found that the husband had sprung the prenup on his bride only four days before the expensive wedding that her father had already shelled out big bucks to hold. The groom apparently told the bride he would call off the wedding if she didn't sign. Reports indicate that he further promised he would rip up the agreement once the couple had children. As some readers might have already anticipated, the husband did not follow through with that verbal agreement once the couple had their three children together.

Those Florida couples who do decide to negotiate a prenuptial agreement should take this as an example of what not to do. Prenups can be extremely helpful tools to protecting both partners in a marriage, but they must not be sprung upon the unsuspecting future spouse too close to the pending nuptials. Each partner should have ample time to review the document and should not be made to feel duress to sign. This can help strengthen the agreement to make sure that a family law judge upholds the prenup in the event that a divorce does occur.

Source: New York Post, "Millionaire's wife gets judges to toss their prenup," Kieran Crowley, March 11, 2013

Man convicted in child custody case after taking kids to Florida

2013-03-15T15:41:58Z

Child custody disputes can sometimes make an otherwise straightforward Florida divorce become more complicated. Emotions can become especially heated when a couple who share children are unable to amicably sort out child custody issues between them. Whatever a parent's emotions on the subject, however, it is vital to follow the terms set out in a court's divorce decree or other agreement governing child custody. Failure to do so can sometimes lead to criminal charges being filed.

One man from another state is going through this process after being accused-and then convicted-of parental kidnapping. Reports indicate that the man was going through a divorce when he took his two children to Florida without the permission of his estranged wife. Authorities were notified after the man did not return the young children to their mother at the agreed-upon time. The children were retrieved safely from Key West, Florida.

]]> The man was then accused of parental kidnapping and stood trial for the charges. He apparently represented himself at trial. A jury ultimately convicted the man on two charges of parental kidnapping. He is set to be sentenced on those charges sometime in April.

This case illustrates just how crucial it is for parents to comply with any and all requirements set out by a court. In the event of an ongoing child custody dispute during a divorce, courts will rarely look kindly on one parent taking the children out of a home state without the other parent's permission. Parents may wish to fully investigate all of the rights and responsibilities they may have before taking any trips or vacations while in the midst of divorce proceedings.

Source: The Morning Sun, "Jury finds man guilty of parental kidnapping," March 7, 2013

Property division can be challenging for those near retirement

2013-03-08T23:38:41Z

We have previously discussed the fact that divorce among Americans aged 50 and older has been increasing at a rapid pace over the past couple of decades. Property division can become a tricky prospect when Florida couples divorce at or near retirement age. Statistics show that gray divorce, as it is sometimes called, can cause economic distress especially to women who have not worked for quite some time while raising their children. However, it can negatively impact a former husband's retirement security as well.

This is because the retirement fund that was going to provide for one couple must bow be split in two. Rather than funding one household, the same amount of money must now stretch to cover two separate households. Often times this can translate to the former spouses either having to defer their retirements or significantly lower the type of lifestyle that they may now be able to afford.

]]> Some statistics indicate that it could cost as much as 30 to 50 percent more for older Americans to fund a retirement after divorce than those who stay together. Many people find the prospect of lowering their lifestyle expectations in their retirement years an extremely hard prospect. However, their only other option may be to delay their retirement age for quite some time in order to attempt to make up for the difference in retirement money available to them.

There are some steps that Florida couples going through property division in their later years may be able to take to help lessen the financial blow. One is to hire a financial advisor at the same time they seek the services of a divorce attorney; since this team may be able to help iron out a divorce settlement that can allow the spouses to afford a retirement acceptable to both. Those who are divorcing in their 50s may find that they still have time to work to bolster the amount of retirement savings they have by the time that they actually stop working. Others may need to stop trying to support adult children and focus on their own financial security. Most of all, couples who divorce in their twilight years need to plan ahead as much as possible in order increase their chances of having a solid retirement fund put in place by the time they need it.

Source: Delawareonline.com, "Baby Boomer divorce surge further imperils retirements," Rodney Brooks, Feb. 26, 2013

A prenuptial agreement can protect Florida couples

2013-02-26T14:42:10Z

Prenuptial agreements can often seem difficult for Florida couples to discuss, but the truth of the matter is that such documents can prove valuable for both partners who are considering marriage. For many couples, negotiating the details of a prenuptial agreement may be the first time they've even considered marital concepts such as joint property and ownership. Discussing the details of a prenuptial agreement can encourage couples to consider various aspects of a marriage that they may not have yet thought about-things that are important to discover about potential spouses before taking the proverbial plunge into matrimony.

One important thing to remember when considering a prenup is the fact that both sides must receive the proposed document well in advance of the actual marriage. It can often later be considered unfair, and perhaps put the validity of the prenup into question, if one spouse-to-be is suddenly handed the contract a day or two before the actual ceremony. Both future spouses need sufficient time to look over the document, get legal advice if desired, and suggest any changes that they might wish to propose.

]]> By making sure to give the other spouse enough time to review the prenup in advance, the possibility that it could later be overturned in court is lowered. Further, it provides ample opportunity for each future spouse to consider important issues that could crop up after the marriage occurs. Discussing such issues ahead of time can only be beneficial to both members of the marrying couple.

At its core, a prenuptial agreement provides Florida residents who are getting married the perfect chance to discuss many of the financial situations that often later derail marriages. It also lets both members of a couple protect any of the assets that are important to them as them enter into matrimony. Hopefully, by approaching the prospect of discussing a prenup in this light, it will be easier for individuals to broach the subject with a potential spouse.

Source: NorthFulton.com, "Considering a Prenupt Agreement?" Karen Brown Williams, Feb. 22, 2013

Kardashian seeks rushed end to divorce litigation

2013-02-18T14:23:19Z

It likely seems ironic to many Florida residents that the divorce case between reality star Kim Kardashian and her estranged husband NBA player Kris Humphries has dragged on significantly longer than their 72-day marriage. The two have been locked in divorce litigation since Kardashian first filed for divorce in Oct. 2011. Kardashian wishes to have the couple's marriage ended in divorce. Humphries, however, is seeking to have the marriage annulled instead.

An annulment is typically granted whenever it is found that a marriage was entered into under invalid circumstances. Humphries is alleging that this is exactly what happened when he and Kardashian were married. He accuses his estranged wife of perpetrating marital fraud and claims that she only married him in order to make significant amounts of money from their highly-publicized wedding.

]]> Considering that this divorce case has now carried on for well over a year, he seems committed to fighting for an annulment. Kardashian, on the other hand, now has even more incentive to seek a hastier conclusion to the marriage. It was recently reported that she is now carrying the child of her new flame, singer Kanye West. To that end, she filed for something called a bifurcation of status from her current husband. This would speed up the divorce process, which is something that Kardashian has indicated that she greatly wants.

She has said that she believes having the divorce finalized would be beneficial for both her and Humphries and allow them to move on with their lives. She has indicated that she hopes to have the divorce litigation completed by the time her baby is due in the summer. Florida residents who are going through a similar type of situation may wish to research what options they have available for ending their own marriages.

Source: hlntv.com, "Can Kim K. really hasten her divorce?!" Graham Winch, Feb. 8, 2013

Father reunited with daughter in child custody case

2013-02-15T18:11:38Z

Many Florida residents know just how difficult it can be to go through a divorce even under what appear to be relatively amicable terms. However, divorce can be even more challenging whenever child custody issues are involved. This recently proved to be the case for one couple whose divorce involves a four-year-old daughter that they share.

The former husband actually has primary custody of their daughter at the current moment. His ex-wife is apparently allowed to have certain visitation rights, although a court order requires that the woman's 16-year-old daughter from a prior relationship be present whenever her younger sister is visiting on the weekends. The man now reportedly plans to request that he be given sole custody of his daughter amid allegations that his ex-wife took their daughter across the border without his consent. The man alleges that the ex-wife failed to return their daughter at the agreed-upon time, and he reported the situation to authorities.

]]> The ex-wife in this case evidently traveled back and forth across the Mexican border three times during the time that she had the couple's daughter. Reports indicate that authorities have now charged the woman with at least one felony count of interference with custody and were set to bring the woman back to face the allegation. She is also facing a misdemeanor charge for endangering the welfare of a child related to taking her teenage daughter to Mexico. Authorities additionally allege that the woman was found with something described as either a crack or meth pipe when she was arrested at the Mexican border.

This child custody case had a relatively happy ending because the daughter was reunited with her custodial parent, who is apparently in the process of moving from Texas to Florida in order to provide assistance to his elderly mother. It also illustrates the importance for parents to honor the custody arrangements established by family law judges. Whenever a noncustodial parent feels that they should get more visitation time with their children, they can always file a petition to make such a request before the court. Judges typically consider a variety of details when they receive such requests and focus on what appears to be in the best interests of the child.

Source: LibertyTribune.com, "Father seeks custody of child after mother heads for the border," Angie Anaya Borgedalen, Jan. 24, 2013

Florida parents must pay ordered child support or face penalties

2013-02-08T04:24:16Z

It is becoming increasingly more common for judges to crack down on parents who are accused of failing to meet their child support obligations. Most Florida parents who have gone through divorce are aware that a child support order becomes mandatory once it is issued in court. Once this occurs, noncustodial parents who are unable to continue meeting their obligations must apply for a support modification or risk facing legal penalties for failure to pay.

One father in another state recently chose to plead guilty after he was charged with failing to meet his support obligations for his four children. The judge added an interesting condition to the man's sentence. He actually ordered the man to refrain from having any more children until such a time as he can actually meet his financial obligations to the children that he already has.

]]> The case stems from the fact that the man reportedly racked up approximately $79,000 in support payments that he has not fulfilled. Since the time that he was originally indicted back in Aug. 2011, the delinquent amount has reportedly raised to more than $96,000. The judge stated that he handed down this unique condition due to the fact that he feels the man owes a personal debt to his children to provide for them financially.

Reports indicate that the man may appeal the sentence due to the fact that it is perceived to violate his right to privacy. The condition which was attached to this sentence raises the question of whether the government has the right to tell somebody whether they can have more children. Florida parents who find themselves struggling to meet their own child support obligations may wish to petition the court for a modification of their payments in order to avoid any potential jail time or other penalties like the one that the man in this case is facing.

Source: Time, "Judge Orders Man Owing $96K in Child Support To Stop Having Kids," Erica Ho, Jan. 28, 2013