Alimony and Stay-at-Home Parents

Permanent alimony in Florida is the stuff of legend, but it is neither a given nor terribly elusive.  It all depends on the specific circumstances of the family. Typically, the recipient of permanent alimony is someone who was married for at least 17 years and did not earn an income for most of the marriage. Besides chronic illnesses, being a stay-at-home parent is the most common reason for not working during a long marriage. These are some recent cases where stay-at-home parents have requested alimony; in some cases, the courts awarded it.

• Brezault v. Brezault: Both parents worked during the marriage, but the husband reduced his working hours after the child was born. He continued to work fewer hours in order to spend more time with the child. Therefore, the court ruled that the wife, whose income was higher, should pay him durational alimony.
• Dickson v. Dickson: The wife was out of the workforce for 20 years, beginning in her early 20s, raising the couple’s three children. The trial court awarded her rehabilitative alimony, as she was studying to become a surgical technician at the time of the divorce. On appeal, she successfully argued that she had lost a lot of her earning potential during two decades as a stay-at-home parent. The appeals court granted her request for permanent alimony.
• Hua v. Tsung: The wife requested permanent alimony, as she had been a stay-at-home parent during most of the couple’s 17 years of marriage. The court instead awarded her rehabilitative alimony, so that she could become certified as a nurse; it imputed an annual income of more than $50,000 per year to her after receiving her certification and determined that she did not need permanent alimony.

Contact Alan Burton About Your Need for Spousal Support

Florida courts are in agreement that stay-at-home parents are entitled to alimony, but they decide what type of alimony on a case-by-case basis. Contact Alan R. Burton in Boca Raton, Florida with questions about divorce and spousal support.

Courts also sometimes award permanent alimony after a long marriage when the supported spouse is young enough to have a career ahead of her. Kimberly Dickson successfully argued before an appeals court that, because of the 20 years she had spent as a stay-at-home parent, her earning potential was considerably less than if she and her former husband had not agreed that she should stay home for all those years. In other words, courts take into account a spouse’s contributions to a marriage that are not in the form of currency and other material assets. Kruse v. Levesque is another case where an appeal court awarded permanent alimony to a woman in her 40s; in this case, the marriage had lasted only 11 years, and the court ruled that permanent alimony was appropriate because of the wife’s disability.

Details of the Kruse v. Levesque Case

Jennifer Kruse and Martin Levesque were married from 2002 until 2012; they were in their 40s at the time of the divorce. Martin had a lucrative job in the computer industry throughout their marriage. Jennifer worked as a psychologist until 2007, when health problems made it necessary for her to quit working; she received disability payments after that.

The court followed the standard procedure in determining alimony. First, it determined that Jennifer was in need of spousal support and that Martin was able to pay it. Next, it determined what kind of alimony to award. It ruled out bridge the gap alimony because that is only for temporary, divorce-related expenses, and rehabilitative alimony because that is for preparing to reenter the workforce, which Jennifer’s disability prevented her from doing. Instead, the trial court awarded durational alimony, a series of monthly payments with a pre-set end date.  Durational alimony is the standard in medium-term marriages. Jennifer appealed the ruling, arguing that permanent alimony was the most appropriate type because her need was ongoing.  She had no other way of bringing in an income besides her disability payments, which did not cover all her expenses. The appeals court ruled in her favor.

Contact Alan Burton About Alimony Cases

With six types of alimony recognized in Florida, there is plenty of room for discussion and disagreement. Contact Alan R. Burton in Boca Raton, Florida for another opinion on your alimony arrangement.

Regardless of the fact that there are far fewer true deadbeat dads in real life than there are in the popular imagination, child support obligations are not the only reason that Florida’s family courts make decisions based on someone’s imputed income. The Koscher v. Koscher case involves the divorce of a wealthy couple who did not have minor children at the time of the divorce. Instead, the judge relied on imputed income purely to determine alimony payments.

What is Imputed Income?

In short, imputed income is estimated potential income. When a supporting spouse (or a parent paying child support) is earning an income, the courts base the amount of support payments on the income amount. If the court determines that the person is voluntarily unemployed or intentionally earning less money than he or she could, the court bases the support payments on what the person should be earning based on his or her previous work experience and previous income amounts.

The Koscher v. Koscher Case

At the time of their divorce, Daniel and Marcie Koscher had been married for 30 years and had two adult children. Marcie had been unable to work throughout their marriage because of chronic health problems, and both spouses agreed that she should receive permanent alimony. Where they disagreed was on the amount of alimony. At the time of the divorce, Daniel was receiving severance pay from a job that had laid him off. Instead of looking for another job, he tried to start his own company, but it did not become profitable. Three years after the divorce, the court ordered him to increase his support payments, and it based the amount on an imputed income of $850,000 per year. (During the last years of the marriage before being laid off, Daniel’s income had ranged from $450,000 to more than a million.) The court decided that Daniel was voluntarily unemployed and that three years was plenty of time for him to find a new job.

Contact Alan Burton About Imputed Income Cases

Decisions involving what someone “should” earn are always fairly subjective and not set in stone. Contact Alan R. Burton in Boca Raton, Florida, if you think the court has imputed too much income to you or too little income to your former spouse.

Background of the Wayne v. Einspar Case

Matthew Wayne and Susan Einspar divorced in 2013, after their son had reached adulthood. At the time of their divorce, both parents had separately cosigned for various loans for their young adult son. Wayne was a cosigner on the student loans, and Einspar was a cosigner on the car loan. In the original divorce decision, the court did not count the loans as marital property.  Additionally, the court required Wayne to pay permanent alimony to Einspar and to keep a life insurance policy with Einspar as the beneficiary in order to secure this alimony. Wayne filed an appeal, challenging the court’s original decision on 10 counts, many of them related to alimony.

The Appeal

Wayne appealed many aspects of the court’s decision regarding the couple’s finances. He disagreed with the award of permanent alimony and the way the court calculated his net income.  He also challenged the fact that the court did not impute Einspar’s income; that is, it did not take into account her income potential. The court rejected most of his requests; in fact, it only reversed its decision on two of the 10 counts.

In deciding the appeal, the court gave Wayne credit for paying temporary alimony to Einspar during the approximately two years between when the couple filed for divorce and before the divorce was finalized. Temporary alimony is one of six types of alimony in Florida; it is paid only as long as the divorce case is ongoing, and it automatically ends when the court issues a divorce decree.

The court also ruled, in response to Wayne’s appeal, to count the student loan and car loan as marital property. In Florida, all assets and debts accrued by either spouse during the marriage are generally considered marital property, even if they are not registered in the names of both spouses. Since Wayne and Einspar had taken out the loans for their son before filing for divorce, the court declared in the appeal ruling that these debts were marital property.

Contact Burton Law With Questions About Complex Divorce

Family finances are never simple when a divorce happens after a long marriage. Contact Alan Burton in Palm Beach County with questions about alimony and division of property.

Florida’s Equitable Distribution Doctrine

Florida courts divide divorcing couples’ property according to the principle of equitable distribution. In other words, they go by what is fair. They do not always divide marital property evenly, and they do not simply take into account how much income each spouse brought in and then let each spouse keep only the money he or she earned. Florida law also considers unpaid contributions to the marriage as reasons a person is entitled to a certain share of the marital property. For example, time spent as a stay-at-home parent also counts as a contribution. The logic is that, when taking care of the children full time, the stay-at-home parent spouse was freeing up the other spouse to concentrate more on earning money.

The courts also consider misconduct, which, in the case of equitable distribution means intentionally misusing marital property in order to sabotage the marriage or in order to prevent the other spouse from having access to it in the event of a divorce. Examples of misconduct include spending money on an extramarital affair partner or gambling with jointly owned money.  Unsuccessful business ventures undertaken in good faith are not considered misconduct.

The Gotro Case and Equitable Distribution

John Gotro and Catherine Gotro were a Florida couple married for 39 years. All of their children were adults at the time they divorced, so child support and parenting plans were not part of their divorce case. The couple’s assets were considerably less at the time their divorce was finalized than when it was initiated. Catherine alleged misconduct, claiming that her husband intentionally wasted the money, so that the divisible assets would be less when the divorce was finalized.  John claimed that he had spent the money on household expenses for him and for his estranged wife, meanwhile paying her temporary alimony. The court sided with John, as misconduct, as it applies to equitable distribution, refers only to a very specific set of behaviors. It is also notable in this case that the court awarded Catherine permanent alimony because of her age and the length of the marriage.

Let Alan R. Burton Help You Navigate Property Division in Divorce

Dividing property in a divorce is not just as simple as calculating who earned how much.  Contact Alan Burton in Palm Beach County with questions about your entitlement to your share of marital property in divorce.

Custody

People tend to speak of one parent having custody of the children after a divorce, while the other parent has visitation. In the 1980s and 1990s, it was more common than it is now for children to spend most of their time with one parent and to spend only two weekends a month with the other parent. Now, when possible, courts often rule to have children spend at least two nights per week with each parent. Exceptions are when the parents live so far away from each other that it is not practical to transport the children back and forth each week.

What to Say Instead: The current version of the Florida parenting plan template contains language about timesharing; it has details about what portion of every school week and every school vacation the children will spend with each parent.

What Custody Really Means According to the Law: Florida law makes a distinction between physical custody (where the children spend time) and legal custody (decision making power).  Florida parenting plans also ask parents to specify which parent is responsible for which decisions related to the children.

Temporary Alimony

Florida judges can award any of six types of alimony in a divorce. Only one of them is truly permanent. The term “temporary alimony” refers to only one of the five non-permanent types of spousal support.

What to Say Instead: Call each type of alimony by its official name. For example, if the alimony is being awarded to help the supported spouse become certified to practice a certain profession, so that he or she can become financially independent, it is rehabilitative alimony. If it is just one alimony payment, no matter how large or how small, it is lump sum alimony.

What Temporary Alimony Really Means According to the Law: Temporary alimony is spousal support paid in installments while the divorce case is still being decided. It automatically ends once a court formally dissolves the marriage. If the spousal support payments will continue even for a short time after the divorce is final, then it is not technically alimony.

Burton Law Makes Family Law Understandable

Family law case documents can be full of legal terms that mean something other than they mean when they are used in everyday speech. Contact Alan Burton, a Palm Beach family law attorney, for straight answers about divorce, spousal support, and parenting plans.

Local media have recently highlighted the complexities of high asset divorce by reporting on the divorce of Nancy Hua and Dennis Tsung, an affluent South Florida couple. As of August 2017, the details of how to divide the couple’s assets have yet to be completely worked out. The rulings issued so far in the divorce and in Nancy Hua’s appeal reveal many interesting things about the way Florida courts view property division between divorced spouses.

Wealth Plus Time Does Not Always Equal Permanent Alimony

Nancy and Dennis were married for almost 18 years. In the original divorce case, Nancy requested permanent alimony of $20,000 per month. For most of the marriage she had been a stay-at-home parent with no income. The spousal support award she received was for rehabilitative alimony; Dennis was to pay her $2,500 per month for two years. He was also to pay $12,000 toward her educational expenses; the plan was for her to attend nursing school and then begin working. The court estimated that she would be able to earn an annual income of $50,000 working full time as a nurse. The reason for the court’s decision to award rehabilitative alimony is that Nancy Hua had plenty of potential for gainful employment. She was in her early forties and in good health, and her children were old enough not to require full time childcare.

What Counts as Marital Property?

Another point of contention in the divorce was some valuable shares that Dennis Tsung owned in a Chinese company. He argued, though, that the shares should not be considered marital property because it was his father who had bought the shares in Dennis’ name. Nancy, Dennis, and the elder Mr. Tsung agreed that Dennis was legally registered as the owner of the shares. The reason for registering the shares in Dennis Tsung’s name was so that, upon his father’s death, he would not have to pay a 40% tax to inherit them, as Chinese law would require. A footnote in the appeal that, in an attempt to avoid paying 40% of the value of the shares in taxes, Dennis left himself open to the possibility of being ordered to pay 50% of their value in spousal support to his ex-wife. The court ruled that because the shares legally belong to Dennis, they are, in fact, marital property.

High Asset Divorce with Alan Burton Law

Alan R. Burton practices family law in Palm Beach County, Florida. Contact Alan Burton to find out how he can help with property division in your high asset divorce.

A change in the financial situation of one or both parties can lead to a modification of the spousal support order. One of the most common reasons for early termination of alimony payments is if the supported spouse remarries. As with so many legal issues, though, there is a gray area in which judges must consider the unique circumstances of the couple in deciding whether to terminate or reduce alimony payments.

Lump Sum vs. Monthly Payments

Most alimony payments in Florida take the form of periodic alimony, meaning that the supporting spouse pays the supported spouse a certain amount of money each month.  Bridge-the-gap alimony is intended to help the supported spouse through the transitional period of divorce and cannot exceed two years. Durational alimony, which is new as of 2010, lasts for a finite period of time specified in the court order. Both temporary and permanent periodic alimony stop immediately if the supported spouse remarries.

Instead of periodic alimony, the supporting spouse might be required to pay the supported spouse a lump sum. The supporting spouse is still responsible for paying this lump sum even if the supported spouse remarries shortly after the divorce is finalized, before receiving the lump sum payment.

Cohabitation Without Remarriage

Florida law makes it clear that when supported spouses remarry, they forfeit their claim to alimony payments from their former spouses. What happens when a supported spouse moves in with a domestic partner, but they do not get legally married? Many supporting spouses make the argument that, if the supported spouse is part of a new household and is receiving financial support from a new partner, he or she is no longer entitled to receive alimony related to a previous marriage. Sometimes judges agree with them.

Florida does not recognize common law marriage. Unless the supported spouse legally remarries, Florida courts do not consider him or remarried. In some instances, supported spouses have continued to receive alimony even after exchanging wedding rings or holding a religious wedding ceremony with a new partner. If the supporting spouse can prove that the supported spouse is deriving substantial financial benefit from living with a new partner, the court may agree to modify or stop alimony payments.

Contact Alan R. Burton About Your Spousal Support Agreement

Alan R. Burton is a marital and family law attorney in Boca Raton, Florida. Contact Alan R. Burton with questions about spousal support, including if you think you are entitled to a modification of your alimony payments.

So what does this mean to you, either as a potential recipient, or as a potential payor of alimony?  Permanent alimony is generally, as a rule, reserved for those cases in which the marriage has lasted at least 17 years.  Once that 17 year threshold is met, the potential for either paying or receiving permanent alimony is quite real.

An award of permanent alimony is not however, based solely upon the years of marriage between the parties.  The court is still required, and is mandated by Florida Statute 61.08 to consider the 10 factors listed in that statute regarding the award of alimony.

If the trial judge’s fails to make specific written findings as to each and every single factor regarding the award of alimony, the final judgment is subject to being reversed, and remanded back to the trial court for further findings.

The importance of filing a detailed and accurate financial affidavit in a family law case cannot be understated, which is especially true when you are dealing with the prospect of paying or receiving alimony.

Alimony is based on the reasonable needs of the party making the request, versus the financial ability of the other party to meet those reasonable needs.  For example, if a spouse is financially self-sufficient, there may not be a need for alimony, thereby relieving the other spouse of that financial obligation.

However, if the need does in fact exist it may be minimized by the other party’s efforts to impute a higher level of income to the party who is making the claim for an award of alimony.  Imputation of income means that a party is earning a level of income below which they are capable of earning, and the court therefore has the right to impute, or assign a higher level of income to that spouse.

The imputation of income would obviously reduce the financial exposure on the part of the other spouse who may be required to pay alimony.

The imputation of income generally requires evidence as to the employability and potential jobs available to the spouse seeking alimony.  This would be based on the education and skills of the spouse seeking alimony.  Imputing income is not as simple as it may sound, since evidence of employment, consistent with the spouse’s education and training, must be established.

When alimony cases have the potential for substantial monthly amounts and for extended periods of time, it may be advisable to seek the assistance of a vocational evaluation expert.

If you would like to obtain additional information regarding the current law of alimony in Florida, please feel free to contact Alan R. Burton, marital and family law attorney in Boca Raton, Florida. He would be more than happy to speak with you and address any specific issues or concerns you may have regarding your particular situation.  He can be reached at 954-295-9222.  Call him today!

Statutes that were designed to protect the family assets from creditor claims, so that the family would not become dependent upon the state for support, do not afford an individual the same protection against their ex-spouse for the payment of child support or alimony arrears.

In order for a spouse to reach funds held in a retirement account, whether it be an IRA or a 401(k), there must first be an existing support order.  Next, there must be a finding by the court that there are in fact arrears owed pursuant to that court order which have accrued as a result of nonpayment by the obligor.  If the court makes an affirmative finding that the obligor has willfully refused to pay support obligations, he or she may be found in contempt of court.

Once an individual is found in contempt of court, the court will then decide the total amount of the arrears, and the rate at which those arrears will be repaid.  The court does have the right to look to funds that are held in an IRA or a 401(k) to pay the arrears.

These were the precise set of facts that existed in the case of Siegel v. Siegel.  Mr. Siegel owed a substantial amount of support obligations to his ex-wife.  Although Mr. Siegel was employed, he continued to deposit funds into a retirement account.  The court, in their opinion, stated that you don’t have the right to “hoard your assets” and put the funds in a retirement account, and avoid paying your support obligations.

The Siegel case stands for the proposition that once you are held in contempt for nonpayment of support obligations, funds and retirement accounts can be obtained as a source to satisfy any existing arrears. The funds are not protected in the same way they would be from third-party creditors, such as credit card companies medical bills, or financial claims from parties other than an ex-spouse.

In another case from the Tampa area, Wix v Wix, Mr. Wix successfully argued in the trial court that he did not have the ability to pay his full alimony obligations.  His financial affidavit reflected a deficit each month, after paying a portion of his alimony payment.  He did have money set aside in his 401(k) account.

This decision was reversed when the former wife, unhappy with the trial court’s ruling, filed an appeal. On appeal the appellate court said that any funds in a retirement account, including a 401(k) or an IRA can be applied towards the payment of outstanding alimony or child support arrears, whether or not there is an existing order of contempt.

The Wix case is a little bit different than the Siegel case.  In the Siegel case, there was initial finding of contempt, which established the amount of support obligations that were owed.  The court stated that those funds could be used to satisfy the finding of contempt by the court.

The Wix case stands for the proposition that there need not be an initial finding of contempt.  Funds in retirement accounts can be used to satisfy support arrears regardless of whether or not there was a pre-existing finding of contempt.

So what does all this mean?  Simply stated, funds that are normally protected from bill collectors and other critors like credit card companies are not afforded the same protection in Family Court under Chapter 61 proceedings.

Chapter 61 is the statute that governs dissolution of marriage actions in the State of Florida.

There is a lot at stake when you are dealing with support obligations, contempt, and funds in retirement accounts. Call Attorney Alan R. Burton, a divorce attorney in Boca Raton, Florida who has years of experience dealing with support obligations in divorce cases.  Call him today for a free consultation at 954-295-9222.

If an income deduction order or income withholding order has been entered, Florida Statute 61.1301(1)(b)(2) mandates that any arrears must be repaid at least at the rate of 20% of the regular monthly support obligation. This is a nonnegotiable amount that cannot be repaid at less than the 20% rate based upon the statutory mandate.

The situation is a little bit different when there is no previously existing income withholding order.  The court has more discretion to dictate the terms at which arrears will be repaid to the recipient.  Case law has made it clear that in situations where income deduction or income withholding orders are not at issue or in play in the case, the trial court would have discretion to provide a different rate of payment on existing arrears.

In Burdick v. Burdick, 601 So.2d 632 (Fla. 4th DCA 1992), the appellate court held that “a trial judge generally has discretion to order arrearage payments in installments or to otherwise structure the manner of payment”.   In another case, Ashe v. Ashe, 509 So.2d 1146 (Fla. 1st DCA 1987), the court ruled that a trial judge can schedule monthly payments consistent with the payor’s ability to pay when determining the amount and terms of alimony or child support arrears payments.

It is pretty clear however, that if the income withholding order was initially issued in a case, with the intent to have support payments paid from wages, then any subsequent arrears payments would be paid at the rate of 20%, and the court has no discretion to deviate from that amount.

The longer you go without collecting monthly support, the larger the arrears becomes, and the larger the arrears, the more difficult it becomes to collect.  Call Attorney Alan R Burton at 954-295-9222, located in Boca Raton, Palm Beach County, Florida to enforce your rights and collect support arrearages that are owed.

Income from all sources reduce the “needs” of the spouse who is claiming alimony from the other party.  “Needs versus ability to pay” is the general standard utilized by the courts in determining alimony awards.  The importance of examining all sources of income available to the recipient of alimony cannot be understated.

Interest earned on 401(k) retirement accounts should be considered as income available to the spouse even though the spouse is not able to draw on the income until he or she reaches the age of 65.  Niederman v. Niederman, 6o So3rd 544 (Florida 4th DCA 2011)  stands for that very principle.  This is true regardless of whether the recipient of the alimony award has attained the age at which funds may be withdrawn without penalty.

Income is defined under Florida law, Section 61.046(8), Florida Statutes.  Income includes retirement benefits, pensions, dividends, and interest.

A court abuses its discretion in not considering interest income earned from retirement accounts in determining the income of the spouse who was seeking alimony.

Alimony can be a contentious issue in a divorce case.  It is important to have all relevant information regarding alimony at your disposal.  Experienced and seasoned Boca Raton divorce attorney Alan R. Burton has the experience to fight for your all of your rights, whether they affect alimony claims, equitable distribution, child support or time sharing. Call Alan R. Burton today at 954-295-9222 for a free consultation.

In a recent case, Rutan v. Rutan, 177 So3rd 35 (Florida 2nd DCA 2015), the trial court noted the well-known ability of “self-employed spouses, in contrast to salaried employees, to control and regulate their income.”

Reasonable inferences made by a trial court from the evidence submitted regarding a party’s income are not enough. Inferences, no matter how reasonable, do not constitute a satisfactory substitute for the trial court making specific findings concerning the actual amount of income that would justify an alimony award.

You cannot afford to leave any stones unturned when you are either seeking alimony or defending a claim against paying alimony.  Regardless of which side of the fence you are on, you need an experienced and competent trial attorney to protect your interests in court.  Boca Raton divorce attorney Alan R Burton has the requisite experience and trial demeanor to represent you in a professional manner. Alan R Burton can be reached by calling him at his office at (954) 229-1660 or on his cell phone at 954-295-9222.

If a final judgment fails to consider all of the factors set forth in Florida Statute 61.08, the judgment is fatal, and the award or denial of alimony will be reversed and remanded to the trial court for further consideration.

This problem arose in a recent case from Broward County, Florida. In the case of Badgley  v. Sanchez, 165 So3d 742 (2015), the trial court failed to consider all of the statutory factors in making an award of alimony.  The appellate court took note of the fact that some of the statutory factors were considered, but not all of them.  The appellate court stated that a failure to consider all of the mandated factors is reversible error.

An award of alimony is also based on the parties net incomes, when the court is assessing the need of one party and the ability to pay of the other.  If the need does not exist, the discussion of alimony should end at that point.

Sending a case back to the trial court for further consideration on remand can be a costly and unnecessary expense, not to mention the additional stress that a reconsideration can create.  It’s important to get these issues right the first time.  An experienced divorce attorney can substantially reduce the risk of having a case reversed on appeal.  Divorce Attorney Alan R. Burton has over 40 years of trial experience, and has the ability to present your case to a trial judge in a clear, concise and complete fashion.  Mr. Burton has offices in Boca Raton, Florida and Ft. Lauderdale, Florida. He is readily accessible by calling him at 954–295–9222.  Call him today for assistance with your divorce.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

Being a stay-at-home parent is never easy, as there is a great amount of responsibility involved in constantly caring for small children on a daily basis. In addition, a stay-at-home parent is often tasked with a large percentage of cooking, cleaning, laundry, and other household chores. Such contributions can be extremely valuable for a household, especially if it eliminates the need for costly child care, housekeepers, or other services. In addition, a stay at home parent agrees to put his or her own educational or professional goals on hold for the greater good of the family.

Unfortunately, when it comes time for a divorce, the breadwinner of the family tends to focus on his or her financial contributions and not appreciate the sacrifices the stay-at-home parent has made. Because they have contributed more financially, they often believe they deserve more financially, as well. Luckily, family courts generally take the non-financial contributions of stay-at-home parents into considerations when making determinations regarding alimony and other financial support in a divorce. However, it is always wise for stay at home parents to do the following and more to protect their rights:

• Know your financial situation. Many stay at home parents are less aware of the household finances and it is important to learn about assets, debts, income, expenses, bank accounts, taxes, and more so that you have a clear picture of the household finances and so that you may recognize if your spouse is trying to hide assets.
• Create a plan for your financial future on your own. You will need to estimate how much it will cost you for living expenses, child expenses, debts, and other bills so that you can present an accurate picture of you financial needs to the court.
• Explore your professional opportunities. Following a divorce, the court will expect you to try to support yourself within a reasonable amount of time if it is possible. Consider what type of education, training, or other services you may need in order to successfully reenter the workforce.

Contact a Boca Raton Divorce Attorney as Soon as Possible
There are many issues that can be particularly important in cases involving stay at home parents, especially if they have been out of the workforce for some time. Experienced family law lawyer Alan R. Burton has helped individuals in many situations obtain a favorable result in their divorce case so that they can face the future in the best financial situation possible and able to support themselves. Whether your divorce involves substantial assets or low assets, you should never hesitate to discuss your case with a skilled Boca Raton divorce attorney. Please call our office for free at 954-229-1660 today.

Sharing on Social Media Could Affect Child Custody Determinations

Under Florida Law, the guiding principle that courts must follow when making child custody determinations is the “best interests of the child.” In figuring out what type of custody arrangement is in a child’s best interests, courts may consider any factor that they deem relevant. For this reason, social media posts that indicate that a person is engaging in behavior that the court believes could affect a person’s ability to be an effective parent could potentially be introduced as evidence in cases in which child custody is disputed.

Social Media Posts Could Have an Impact on Alimony Awards

Alimony, often also referred to as “spousal maintenance,” is awarded in cases in which one spouse has a financial need and the other has the ability to pay. It is used to ensure that spouses with less earning potential are not left without any financial resources after a divorce and to ensure that there is some parity in the standard of living enjoyed by each former spouse. Florida courts look to a number of factors when it comes to determining whether to award alimony, including the financial needs of each party. Social media posts that indicate significant spending or financial irresponsibility could have an impact on the way in which a court views the financial needs of a party seeking alimony. Consequently, it is critical for individuals who are seeking alimony to consider how their social media posts may look to others who are not familiar with their financial situation.

Call Alan R. Burton, Attorney at Law Today

If you are considering getting a divorce or have already started the process, you should retain an attorney as soon as possible. In addition to representing you in any legal proceedings that may occur, your lawyer will be able to negotiate with your spouse’s attorney and advise you as to actions you may be able to take to improve your chances of obtaining a favorable outcome with respect to alimony, child custody, or other issues that may be contested. To schedule a consultation with Boca Raton divorce attorney Alan R. Burton, call our office today at (954) 229-1660.

Questions of Fault

In Florida, you must file for divorce on a “no-fault” basis, which means that no specific reason–such as adultery–can be given for the divorce. Insteading of blaming one spouse, all divorces are based on the assertion that the marriage is irretrievably broken. For this reason, adultery has no effect specifically on basic questions of fault in a divorce.

Alimony

Though adultery cannot be considered for fault purposes, it can be considered when the family court is making other determinations, such as whether to award alimony. However, the court cannot award alimony simply as a punishment for a cheating spouse. Instead, the court must further find that the adultery affected the non-cheating spouse’s need for financial support.

Child Custody Determinations

In addition to alimony determinations, a court may consider infidelity as a factor in deciding how to award physical and legal custody. For example, courts regularly examine the moral fitness of each parent when deciding what type of custody arrangement will be in the best interests of the child. Adultery, especially flagrant or particularly scandalous behavior, may lead the court to doubt the moral fitness of the spouse who cheated and may influence a decision to limit custody or timesharing if the court believes the affair had an adverse effect on the child’s well-being.

Division of Property

Florida law requires division of marital property to be equitable and fair based on the particular circumstances of the spouses. If the court finds that the unfaithful spouse spent marital assets on an affair that otherwise would have been divided, the court can award the other spouse more assets and property. Similarly, if the cheating spouse incurred debts to pay for an affair, the court may find that those debts are the sole responsibility of that spouse instead of dividing the debt balances between the two parties.

Call a Boca Raton Divorce Attorney for Help

As you can see, adultery can play a role in a divorce case. If you suspect that your spouse has been unfaithful or if your spouse has accused you of adultery, it may cause a number of potential complications throughout the divorce process. It is important that you have the representation of an experienced Boca Raton divorce lawyer and keep your lawyer fully informed regarding any possible issues or accusations that may arise during your divorce. Florida family law attorney Alan R. Burton understands how to face such issues head-on with your best interests in mind. Call our office today at (954) 229-1660 to talk about your case for free.

Under the new law, courts would also have significantly less discretion in alimony awards and the formula would instead closer resemble child support determinations, which are based on a specific income-driven formula. Instead of arbitrarily choosing alimony amounts and the length of awards, courts would use a formula that considered the income of each spouse, the length of the marriage, and other specific factors. Courts would still have the discretion to go outside the guidelines when they believe there is justification to do so. However, the guidelines would largely help to standardize alimony awards so spouses would have a better idea of what to expect in a pending divorce case. Additionally, there would always be an end date for an alimony award.

Some of the other changes to alimony laws that would take place should the bill pass include as follows:

• Courts would need to consider whether parties are living up to their earning potential prior to awarding them alimony.
• Alimony increases will not be simply tied to increases in income for the payer.
• If the alimony payer remarries, a new spouse’s income and assets will not be considered as a factor in increasing alimony.
• Retirement will constitute a “substantial change in circumstances” that allows the payer to request a reduction or elimination of payments.
• No alimony will be awarded to a spouse married less than two years unless extreme circumstances exist.
• No individual will have to pay combined alimony and child support over 55 percent of their net earnings.

Such alimony reform will likely ease the fears of spouses divorcing after lengthy marriages that they will be handing over large payments indefinitely. However, the bill is not meant to solely benefit the alimony payer. Due to the standardized formula, many spouses will be awarded greater alimony than they may have been otherwise. The bill aims to promote fairness and balance between both payer and payee, though whether it will become law is yet to be seen.

An Experienced Boca Raton Family Law Attorney Can Answer Your Questions

Many people considering divorce in Florida may have concerns about the changes in the family laws and may wonder whether it is better to file for divorce before or after the potential change in the alimony laws. An experienced divorce lawyer can evaluate your individual situation and provide advice on what is in your best interests, as well as guide you through the divorce process. Please do not hesitate to call Boca Raton attorney Alan R. Burton for assistance today.

The divorce dragged on for over two years, culminating in a trial over the summer that lasted over two months. On November 10, 2014, a judge in Oklahoma City ordered that Hamm should have to pay his former wife a settlement of $995.5 million, which is one of the highest divorce settlements in history. The judge ordered Hamm to pay at least $320 million by the time 2014 ends, with monthly payments continuing at least $7 million per month until the settlement is paid off. The judge placed a lien on a substantial amount of Hamm’s stock in Continental Resources to ensure he comes through with the payments.

The Decision Could Have Been Worse

Though $995.5 million is an astronomical amount of money to most Americans, the settlement could have been more. Forbes reports that the highest divorce settlement ordered in the history of the world was $4.5 billion, which took place in the case of a Russian fertilizer tycoon. Hamm’s settlement comes in at the fourth largest that has been reported in the world thus far.

Rumors had been circulating regarding the divorce for months, most of which predicted Hamm would lose much more. For example, because most of his fortune is tied up in Continental Resources stock, some people estimated he would lose enough stock to fall below 50 percent ownership in the company (he currently owns over 70 percent). Losing majority ownership in the company he built would have been devastating. Additionally, others predicted that Sue Ann would receive around half of the $15 billion dollar fortune, and in reality she only received about seven percent of his net worth. Hamm released a statement thanking the court and stating they all believed this was a “fair and equitable” decision and result in their case.

High Asset Divorces Can Be Complicated

Most high worth divorces are complex because they can involve many different kinds of assets, including business ownership interests, real property, stock, funds in offshore accounts, and much more. For this reason and more, you should always have an experienced family law attorney representing you to ensure that any property division or support determinations are fair and equitable. Alan R. Burton is an experienced divorce attorney in Boca Raton who knows how to handle high worth divorces and stand up for your best interests. Call our office today for help if your are facing divorce.