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Fort Lauderdale Divorce Law Blog

Examine finances before division of marital property

When Florida couples go through a divorce, dividing marital property can be a sticking point and could delay what may be an otherwise amicable separation. Examining one's assets before a divorce is finalized can help couples reduce financial issues that may come up and could help make the division of marital property a little easier.

Depending on a couple's financial situation, one of the most important things to look at can be the home because it is usually the largest asset a married couple possesses. Other assets often include retirement accounts, pensions, stock options, deferred compensation and other implied benefits. Even if these assets are not jointly owned property, the issue could later crop up and be considered during the division process.

How far is too far when it comes to spying on an ex?

When there are serious problems in a marriage, divorce is often the only solution. Although some marriages can be saved, some circumstances simply warrant a divorce in Florida because the marriage is no longer sustainable.

Getting divorced is rarely easy. For many people, there may be anger or bitterness toward a soon-to-be ex that can sometimes creep into divorce proceedings. One recent news story highlighted a new phenomenon in divorce: using spy technology to snoop on a spouse. Some parents even turn to their children to find dirt on the other parent to use in any negotiations or related litigation.

Prenuptial agreement may help older couples

Older couples in Florida considering marriage may wish to consider implementing a prenuptial agreement prior to their wedding. Contrary to younger couples, older people involved in a relationship typically possess greater financial security and other assets they will likely need to protect. Although no one wants to think about the possibility of a divorce before the wedding even occurs, a prenuptial agreement may be a wise choice that can protect assets from many possible scenarios.

A frank discussion with a partner about finances, debts and other assets may be necessary to prevent hurt feelings and misunderstandings down the road. Deciding whether or not to maintain previously owned property jointly or separately can be an issue between couples as can debts that come up as a surprise later in the marriage. Using a prenuptial agreement may help prevent lingering questions because everything is in writing and is enforceable as a contract.

Weinsteins call off divorce, reach deal with judge

Wealthy Florida couples who have gone through divorce are likely aware that a high-asset divorce can quickly turn bitter. Such appeared to be the case in the seemingly acrimonious divorce of movie producer Bob Weinstein and his wife, Annie. Although his wife had only filed for divorce about a week ago, their fight quickly turned ugly and made headlines all over the nation. Recently, though, both sides of this high-asset divorce issued a joint statement indicating they have come to a "temporary arrangement," the nature of which was not further described.

The initial filing shocked those who follow celebrity culture because Annie's divorce filing also sought an order of protection against her spouse. Her husband's representatives quickly responded and claimed that the divorce filing came a day after the family attempted to stage an intervention for Annie's purported drinking problem. The temporary arrangement now claims that neither side has been found guilty of wrongdoing, and both have declined to comment on the truce, purportedly because the judge assigned to their divorce case has issued a gag order preventing them from discussing details of the litigation.

High-asset divorce: Marc Anthony files for split from J. Lo

For some Florida couples, divorce proceedings can be quick and easy, with little or no disagreement on property division and other assets. However, for others, especially in a high-asset divorce, things sometimes get out of hand and become more difficult, potentially prolonging proceedings. While this is not the case in every celebrity divorce, it could occur between Marc Anthony and Jennifer Lopez.

If you stay in the loop with celebrity dating and breakups, then you were likely aware of the Marc Anthony and Jennifer Lopez breakup last June. Anthony has made this official by recently filing for divorce . In his petition, he cited irreconcilable differences as the reason for ending their marriage. The couple had been married for seven years and has twin children. Anthony is requesting joint custody. The marriage to J. Lo was Anthony's second and the third marriage for Lopez.

Child custody and military service: changes coming?

For military service members in Florida and throughout the United States, sharing child custody can be more difficult than with non-military couples. Work hours are often longer and the jobs may require extended deployments, limiting the time service members can spend with their children. Legislation is being considered again in Congress, the crux of which is designed to strengthen military parents' child custody protection.

The bill is being backed by 63 members of the House Armed Services Committee, and while the bill has had some success in making its way through the halls of Congress, it has never been formally passed into law. The provisions would prevent courts from making permanent changes to child custody agreements for a deployed military member or from making the decision to deem a parent unfit solely due to their military service. The bill has been approved six times by the House, five times as a provision that was tagged on to the annual defense policy and once as an individual measure.

Property division can complicate baby boomers' divorce

An interesting trend concerning divorce and property division is presenting itself across Florida and the rest of the nation. Divorce between baby boomer couples is at an all-time high, while divorce rates for the rest of the nation are in a slight decline. A 2009 census study finds that people who are 50 years of age and older today are twice as likely to find themselves in a divorce, versus similar couples going through divorce in 1990. Furthermore, property division in these types of divorces can present difficulties.

When baby boomers break up, the financial hit they take can be devastating. Baby boomers are not as likely as their parents to have reliable retirement pensions and savings. Also, single baby boomers may face more economic difficulties than their married counterparts, and unmarried senior citizens are likely to find themselves living in subsidized housing.

Cohabitation agreements becoming more popular

According to reports, many residents in Florida and other states are deciding to live together instead of marrying. And these arrangements have spawned an increase in so-called cohabitation agreements, basically a prenuptial agreement for the unmarried. Legally enforceable contracts, the agreements are becoming popular because people feel a need to protect their assets, children, and support obligations before or shortly after living with someone.

Some see the rise in these types of agreements as a natural extension to people putting off marriage or avoiding it altogether, in conjunction with the fact that as one gets older, they typically have the need for greater legal protection. A lot of cohabitation agreements are made out of necessity and are a reaction to both parties protecting themselves in case they decide to go their separate ways. Because couples that live together are experiencing an increase in legal disputes after they decide to split, they are recognizing a need to protect themselves.

Complex divorce can result from late-in-life separations

Couples going through a complex divorce in Florida may want to take note of a recent article from Reuters. According to U.S. Census Bureau reports, a higher number of couples in the age group of 48 to 66 are going through divorce, and the numbers are continuing to climb, increasing by more than 50 percent over the past 20 years.

Many couples in this particular age group may have already begun the process of retirement planning, while others may have already started to enjoy their retirement years. Consequently, couples going through a marital separation in this age group may find themselves involved in a complex divorce due to the possibility of their retirements being affected.

Marital property division: avoiding tax troubles

Even when a Fort Lauderdale divorce seems simple, one small sticking point can turn the entire process on its ear. Marital property division in Florida may seem straightforward enough, but when it comes to taxes, problems may result even years after everything has been finalized. Divorce can be expensive and stressful, so making sure that a few simple things are taken care of before it is finished can save time and money.

A sticking point for many people negotiating matrimonial issues is exemptions for children. Contacting professionals who can help you through the process can help smooth over confusing tax issues and can ensure that a final decree has all of the necessary elements to be able to claim the appropriate tax exemption. Ensuring that Form 8332 is signed by the other parent establishes the right to claim the child exemption and can help avoid an audit by the IRS.

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