The dissolution of a marriage can be one of the most devastating and emotionally taxing experiences of your life. Among the few things that can make this time of transition easier is having the assistance of a skilled Palm Beach Gardens divorce attorney to help you through the process. I am William Wallshein, and I have been practicing family law in Florida since 1990. I have helped countless clients come to favorable solutions in their divorces.Common Issues in Florida Divorces
Every divorce is different. Some dissolutions can be amicable, in which both spouses come to an agreement on the issues. Others need the intervention of a judge. However, several issues are common to many divorces across the state. For example, property division is something that must be determined by a judge in most cases.
Florida is an equitable distribution state, meaning that upon the dissolution of a marriage, the marital assets are not necessarily divided up evenly. Instead, the assets are divided up according to a judge’s order. In making this determination, a judge must consider several factors.
In Florida, all marital assets are subject to equitable distribution. A marital asset is anything that is the property of the marriage. This could be money in a bank or investment account, a primary residence or vacation home, a car, boat, or any other tangible or intangible asset. Almost anything can be a marital asset, so long as it was acquired during the marriage.
Property that is not subject to equitable distribution is the individual property of each of the spouses. This can include:
- Property excluded by a valid prenuptial agreement;
- Property acquired by a spouse prior to entering into the marriage;
- Property acquired by exchange of non-marital assets
- Assets acquired after the spouses separated;
- Any gift, other than a gift between spouses; and
- Property acquired through inheritance.
In some cases, a non-marital asset may be converted into a marital asset. Generally speaking, this occurs when a spouse comingles non-marital assets with marital assets. For example, if a spouse deposits non-marital assets into a joint checking account, and the funds become indistinguishable, the non-marital assets may be converted into marital assets.
Another common issue in Florida divorces is spousal maintenance, or alimony, as it is often called. Alimony is a one-time or repeated payment from one spouse to another. The purposes of alimony vary from allowing the receiving spouse to further develop his or her career and become self sufficient, to allowing the receiving spouse to maintain the same quality of life he or she had during the marriage. Depending on the type of spousal maintenance payments, they may last for only a few years or for the receiving spouse’s lifetime. Generally speaking, if the receiving spouse gets remarried or cohabitates, the payments will cease.Contact a South Florida Divorce Attorney
If you are in need of a West Palm Beach divorce lawyer, contact me to discuss your case. My name is William Wallshein and I have been practicing family law in South Florida for close to three decades. I give each case the individual attention it deserves. I understand that going through a divorce can be one of the most stressful and trying events you will ever go through. I can help you through this difficult time by providing you with the sound advice and dedicated representation you deserve. Click here, or call 561-533-1221 to schedule your free initial consultation today. I have an office in Palm Beach Gardens, located off I-95 and PGA, and a second location in West Palm Beach. I take credit cards.
- Business Valuation
- Contested Divorce
- Cost of a Divorce
- Dividing the Marital Home
- Divorce FAQs
- Florida Family Law Financial Affidavit
- Grounds for Divorce
- High Asset Divorce
- How to Determine When Assets and Liabilities are Marital or Nonmarital
- Limited Divorce
- Property Division FAQs
- Uncontested Divorce