Articles Posted in Equitable Distribution

Can the Court Issue an Order to Sell Real Property Without a Specific Request?
Alan R. Burton Attorney at Law

A trial court in a divorce proceeding lacks the legal authority to order the sale of jointly owned real property, unless there was a specific pleading asking for partition of the real property. Partition is a request that is made by one of the parties to sell jointly owned real property.  The court in the…

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Disagreement Can Significantly Delay Divorce
Alan R. Burton Attorney at Law

It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…

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Do I Have to Pay for My Spouse’s Debts?
Alan R. Burton Attorney at Law

When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This…

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Be Careful When Classifying Your Marital Assets
Alan R. Burton Attorney at Law

A major part of any divorce case will likely be the equitable division of assets as directed under Florida law. Not all assets owned by the divorcing spouses will be subject to division, however, as only assets considered to be “marital property” must be divided. Marital property is anything owned by both spouses together while…

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What Happens to Personal Property in a Divorce?
Alan R. Burton Attorney at Law

When most people think of equitable distribution of property in a divorce, they likely think of houses and properties, investments, and other monetary assets. However, there is usually a significant amount of personal property to be divided and making decisions regarding this kind of property can raise disputes and cause issues in a divorce. Like…

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What Is a Qdro?
Alan R. Burton Attorney at Law

Dividing money and property in a divorce can always be complex. However, the process can become more complicated if one or both spouses have retirement accounts. Like any other assets, investments, or property, the state of Florida requires equitable distribution of the retirement accounts between the spouses. The process of dividing retirement accounts can require…

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Divorcing Later in Life
Alan R. Burton Attorney at Law

Recent research has focused on the growing trend of older adults deciding filing for divorce. A study called “The Gray Divorce Revolution” conducted by sociologists at Bowling Green University focused on the rising number of divorces that occur in later stages of life. In 1990, less than one-tenth of divorcing individuals were over 50 years…

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Does Adultery Play a Role in Florida Divorce Determinations?
Alan R. Burton Attorney at Law

With the recent breach and data leak regarding approximately 32 million subscribers to the “married dating” website Ashley Madison, many married couples have likely been facing difficult situations as news of possible infidelity became exposed. It would not be surprising, in fact, if numerous couples end up in divorce court over a leaked Ashley Madison…

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Music Producer Timbaland Faces Many Divorce Issues
Alan R. Burton Attorney at Law

Celebrity divorces can be difficult, not only because of extensive media coverage but also because one or both of the spouses may have a significant amount of wealth. In one recent divorce, a wife is attempting to obtain a large portion of her husband’s $85 million fortune as well as a large amount of additional…

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Husband Takes Unique Approach to Division of Property
Alan R. Burton Attorney at Law

German media recently reported a story regarding an angry husband who decided to take the division of property into his own hands following a split with his wife of 12 years. The man posted a video on Youtube that showed him taking a chainsaw to many of his and his wife’s possessions and literally cutting…

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