Q: What is a Financial Affidavit, and How is it Used?

A: A financial affidavit looks a lot like an itemized tax return. It is a document on which couples in the process of divorce list their income sources and expenses, and where they classify their assets and liabilities as marital or non-marital property. The purpose of the document is to determine equitable distribution of property, including spousal support payments, if any.  Couples with and without children must file a financial affidavit.

Q: What is the Difference Between the Long Form Affidavit and the Short Form Affidavit?

A: As their names suggest, the difference between the two affidavits is the length and level of detail. The long form affidavit is a multi-page document with much more detail. All divorces require a family law financial affidavit. If at least one spouse has an individual annual gross income of at least $50,000, the couple must file the long form affidavit.

Q: When Should You File the Financial Affidavit?

A: Ideally, you should file the affidavit of support with your petition for divorce. You must get the document notarized before you file it with the court. You must deliver a copy of the complete affidavit to your spouse within 45 days of filing for divorce.

Q: How Does Domestic Violence Affect the Financial Affidavit?

A: Even if there is domestic violence involved in a divorce case, the parties must still file a financial affidavit.  The difference is that, if you have a protective order against your spouse because of domestic violence, you are not required to list your address on the financial affidavit.  If this is the case, you must file a Petitioner’s Request for Confidential Filing of Address. In other words, you must disclose your address to the court, but not to your spouse.

Contact Alan Burton About Division of Property

Even in relatively uncomplicated divorce cases, it still helps to get a professional legal opinion.  Contact Alan R. Burton in Boca Raton, Florida for advice about your family law financial affidavit.

The Marriage(s) of Alan and Lolita Grayson

Alan Grayson and Lolita Carson married in 1986; it was a second marriage for both. The couple went on to have five children together. In 1990, Lolita Grayson applied for United States citizenship, and Alan Grayson saw her citizenship application before she submitted it. On the application, she listed her marital status as “separated.” More than 20 years later, during the couple’s divorce proceedings, it was revealed that Lolita was still legally married to her first husband at the time that she married Alan Grayson. In 2015, a judge annulled their marriage, declaring it void because of bigamy. In other words, the court declared that the couple had never been legally married because Lolita was legally married to someone else when she and Alan Grayson married each other.

How Is an Annulment Different from a Divorce?

The Graysons’ divorce was complicated for many reasons. In addition to the couple’s acrimonious disputes over their assets, which were valued at approximately $30 million, Lolita accused her husband of physical abuse. The divorce proceedings ended up dragging on for years.

It was the revelation of bigamy that became the deciding factor in the court declaring the couple legally unmarried. According to Florida case law, bigamy is one of the most compelling grounds for annulment; it automatically means that the marriage is void. Florida law distinguishes between a void marriage (one that, legally, never existed) and a voidable marriage (one that is no longer legally valid). In some ways, an annulled marriage is like a divorce, but in some ways, it is different. For the Graysons, it meant that the court did not award alimony to Lolita. If their marriage had been valid, she might have been eligible for permanent alimony, as courts sometimes award permanent alimony in divorces that follow very long marriages. This is notable because the couple had fought bitterly over the division of their property during the divorce proceedings. At the time of the annulment, four of the couple’s five children were still minors.  Therefore, the parents were still financially responsible for them, as any parents, married, previously married, or never married, would be under Florida law.

Contact Alan Burton About Division of Property

Void marriages are an extreme case, but there is great variation when it comes to how Florida courts divide a couple’s property. Contact Alan R. Burton in Boca Raton, Florida about the division of property between you and your ex-spouse.

Who Are Burt and Lovey Handelsman?

Even if you have not heard the names Burt and Lovey Handelsman, their business dealings play a role in the lives of many Floridians. The Handelsmans own approximately $750 million in commercial real estate in Florida and New York state. Among their most famous holdings are the upscale shops on Worth Avenue in Palm Beach. Burt and Lovey are both in their late 80s; they have gradually built their real estate empire over the course of their 67-year marriage, and their three children are also involved in the family business.

In 2016, Lovey filed for divorce, convinced that Burt was having an extramarital affair with Jane Rankin, a friend of the Handelsmans who has also been involved with the family real estate business.  Burt denies the affair; he believes that the couple’s children have intentionally alienated Lovey from him, thinking that they will gain more of the family wealth sooner if their parents divorce. The couple’s son and two daughters deny these claims.

What Is Notable About the Handelsmans’ Divorce?

First, there are long marriages, and then there is 67 years. There is wealthy, and then there is $750 million dollars, including some of the most stylish hangouts in Delray Beach, Key West, and Palm Beach. Burt is not the only person surprised that an 88-year-old woman would decide to divorce the man to whom she has been married since her early 20s, after they have had children and grandchildren together and have gone from modest means to being some of the wealthiest people in Florida. From a legal standpoint, though, perhaps the most notable thing is that Lovey’s attorney requested to have the judge issue a decree of dissolution of marriage quickly, even before financial matters have been resolved. It is possible for judges to finalize divorces which postponing decisions about division of property, but this usually happens when one party has a terminal illness. Because the Handelsmans are very healthy for their age, the divorce trial will begin in February 2018.

Contact Alan Burton About High Asset Divorce

You do not have to own the fanciest shops in Palm Beach for division of property to be complicated and confusing. Contact Alan R. Burton in Boca Raton, Florida with questions about your divorce case.

Details of the Mills v. Mills Case

During the 37 years that he was married to his wife Brenda, Barry Mills entered into a number of investments, many of which turned out to be profitable. In 2007, Barry and several other investors attempted to form a startup bank. In order to cover his share of the startup capital, Barry took out a home equity loan in the amount of $100,000 dollars; as per the terms of the loan agreement, he pledged the couple’s house as collateral to secure the loan. Certain that Brenda would refuse to sign for the home equity loan, and knowing that he would not have sufficient funds to participate in the startup bank project without the loan, Barry signed Brenda’s name on the loan documents without her knowledge. When the startup bank applied for a state charter, the state refused to issue one, meaning that Barry lost his investment, which totaled more than $245,000. When the lenders required the Mills family to repay the loan, they repaid it using money from Barry’s retirement funds.

When the couple divorced, the trial court classified the loss resulting from the startup bank project as a non-marital liability. The court’s reasoning was that, except in cases of misconduct, all assets and liabilities taken on during the marriage count as marital property. Brenda appealed the decision, arguing that a forged signature qualifies as misconduct.  Barry did not deny forging Brenda’s signature on the loan documents. The appeals court sided with Brenda and re-classified the loss as a non-marital liability.

What Is Misconduct in the Context of Equitable Distribution?

One of the only reasons that a Florida court will classify a debt incurred during the marriage as a non-marital liability is if one spouse can prove that the debt is the result of misconduct on the part of the other spouse. This often takes the form of one spouse sabotaging the couple’s finances in order to reduce the amount of spousal support that he or she will have to pay when the couple divorces. Another type of misconduct commonly cited in divorce cases is when one spouse spends or borrows money to support an extramarital affair partner. The appeals court in the Mills v. Mills case ruled that forging a spouse’s signature in order to obtain a loan without the spouse’s knowledge qualifies as misconduct.

Contact Alan R. Burton About Division of Property

Finding out that your spouse has been deceiving you about finances can be one of the worst parts of divorce. Contact Alan R. Burton in Boca Raton, Florida with questions about the classification of marital and non-marital property.

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.

The initial determination as to whether an asset received as an inheritance is marital or nonmarital is rather straightforward.  The issue can become more complex as the years go on in a marriage, and the separate nature of the inheritance becomes clouded.

In order for an asset to maintain its separate, non-marital status, it is very important not to commingle marital assets with non-marital assets.  Therefore, in order to preserve the integrity of the inheritance being a non-marital asset, the inherited funds should be maintained in a separate bank account, in your own name, and you should never, ever deposit or commingle marital funds into your separate account.

If, for any reason you decide to commingle marital funds, you will probably learn the hard way that you have just converted your inheritance into a marital asset.

If there has been no co-mingling, your inheritance is relatively safe from being claimed by the other spouse as a marital asset.  However, if there has been any enhancement in value and appreciation of your non-marital assets resulting from marital labor or effort, that enhancement in value becomes a marital asset subject to equitable distribution.  An example would be if the inherited funds were placed into a brokerage account, and throughout the marriage, through the exercise of marital effort, the brokerage account appreciates in value.  A portion of that appreciation, if attributable to marital efforts and labor, may very well be classified as a marital asset subject to equitable distribution.

When there is no comingling of marital assets with non-marital assets, the burden is on the spouse seeking to argue that enhancement in value of the non-marital asset has occurred as a result of the efforts of either spouse.  This is not an easy task.  Even if you are able to prove that marital efforts were utilized to enhance the value of the non-marital account, you still need to be prepared to argue what portion of that enhancement accrued as a result of marital efforts or labor, and what portion may just have occurred as a result of market conditions, which would not be considered a marital asset.

A good case, Gromet v. Jensen, which is an easy read, explains inheritances, appreciation and commingling.  The case points out the extreme caution that you must exercise in maintaining your inheritances as their own separate property.

Mr. Gromet inherited $400,000 from his mother.  He put the money in three separate brokerage accounts, and maintained those accounts solely in his own name throughout the marriage.  In spite of Mr. Gromet taking all necessary precautions to isolate the three brokerage accounts, his wife attempted to lay claim to all of them, simply because she alleged that $1100 of marital funds were co-mingled into one of the three separate accounts set up by Mr. Gromet.

His wife was unable to prove any co-mingling of marital funds.  She simply made an assertion that marital funds were commingled, without further proof.  In spite of that, the trial court ruled that all three of Mr. Gromet’s accounts, which contained his inheritance, were marital assets subject to equitable distribution in his divorce case.

The appellate court quickly reversed this decision.  Bald assertions of commingling, without proof, does not meet the burden of proof that is required under the law to convert non-marital funds into marital funds.  Furthermore, the appellate court stated that even if $1100 of marital funds were commingled into one account, only that particular account would become marital.  The other two accounts would continue to maintain their separate character.

If you are anticipating the receipt of an inheritance, or you are concerned about maintaining the separate integrity of your inheritance, call Alan R. Burton, an experienced attorney who can provide you with the appropriate advice in protecting your inheritance.  Mr. Burton is accessible by calling him directly on his cell phone at 954-295-9222.

In the case of Somasca v Somasca, 171 So3rd 780 (Florida 2nd DCA 2015), the former husband owned commercial real property encumbered by a mortgage.  A substantial portion of the mortgage was paid down during the marriage by utilizing marital funds obtained when the wife refinanced the marital residence.  The wife was claiming 50% of the amount of the mortgage reduction as a marital asset and as a portion of her equitable distribution.

The husband responded by claiming that his separate property depreciated substantially in value during the marriage, which essentially “washed out” or canceled any claims that the wife was making in reference to a pay down of his non marital mortgage.

The appellate court was quick to note that the wife’s position was correct and the husband’s position was not supported by law.  It’s irrelevant whether or not the husband’s non marital real property appreciates in value.  The husband still acquires an enhanced amount of equity in his non marital property when his mortgage balance is being reduced.

The clear analysis of this concept is set forth in the Somasca case cited above.

When seeking a divorce, it is important to retain the services of a Boca Raton divorce attorney who has many years of experience in identifying and valuing marital assets, no matter what form they come in.  Alan R. Burton is an attorney with over 40 years of experience who is well qualified to represent you at every step of the way in your divorce case.  Call him today at 954-295-9222.

Stock is just one example of what might be considered a marital asset in a divorce case.  Stocks which are traded routinely on an exchange have a value that is easily determined.  What do you do however when you are dealing with stock in a privately held company, or stocks commonly referred to as penny stocks?  How do you go to go about valuing these types of stocks?

Bring your valuation experts to court, and present their full testimony.  For certain, a trial judge should not make a finding of value until all the evidence has been presented to the court regarding valuation.  Additionally, if both parties to the proceeding offer evidence of differing valuations, it is not appropriate for a court to take an average of the two conflicting valuations in order to assign a value to the stock.

This is precisely what the trial court did in the case of Tucker v. Tucker, 171 So3rd 158 (Florida 4th DCA 2015).  On appeal, the trial court was reversed.  The appellate court stated that “a trial court’s property valuation must be supported by competent, substantial evidence.”  The court referenced, in support of this principle, the case of Garcia v. Garcia, 25 So3rd 687 (Florida 4th DCA 2010).

When a court takes an average of two different valuations, the stock valuation was not not supported by competent, substantial evidence.

Florida law clearly prohibits the valuation of marital assets by splitting the difference between two  different valuations.

If you have a question regarding the valuation of your assets, you are entitled to a full and complete hearing to present all of the evidence that you have associated with the valuation of the particular asset.  The same holds true for the other party.  Anything short of a full evidentiary hearing may very well likely lead to a reversal on appeal.

Further information regarding valuation issues of marital assets can be obtained by calling experienced Boca Raton divorce attorney Alan R. Burton at 954-295-9222

As we often discover in life, there are exceptions to every rule, and this holds true in situations dealing with the marital residence.

When “special circumstances” exist, it may be appropriate for the court to order the sale of the marital residence, rather than awarding exclusive use and possession to one of the parties.  Special circumstances may exist “when the parties incomes are inadequate to meet their debts, obligations, and normal living expenses, as well as the expense of maintaining the marital residence.”  This concept was set forth in the case of Coristine v Coristine, 53 So3rd 1204, (Florida 5th DCA 2011).

In a different case, the trial court felt that it was appropriate to order the sale of the marital home when the parties had only lived in the home a short period of time, they lacked significant marital assets, and there was a large differential in relative earning power between the parties.  You can read an analysis of these types of special circumstances in Martin v. Martin, 959 So.2d 803 (Fla. 1st DCA 2007).

One could argue that when the payments related to the marital home are significant, the occupying spouse, who has sufficient income, could easily find a less expensive alternative.

In many divorce cases the marital home may be the only significant asset owned by the parties.  It would be unfortunate if one party could not receive their equity at the time of the divorce.  If this is your goal, you can gain more success with your objectives by calling Alan R. Burton, an experienced family law and divorce attorney in Boca Raton, Florida.  Call him today at 954-295-9222 if you are considering a partition or forced sale of your marital home.

Partition is a request that is made by one of the parties to sell jointly owned real property.  The court in the case of Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990) specifically held that a court has no authority to partition or order the sale of  jointly held real property in the absence of an agreement between the parties or a specific pleading filed in the case requesting partition.

The court does, however, have the right to award a 100% interest in a parcel of real property to one party or the other in a dissolution of marriage case, as part of the equitable distribution ordered by the court, as provided under Florida Statute 61.075.

Property rights in a dissolution of marriage case can be exceptionally complicated and certain cases. Property rights involve the identification of marital assets, valuation of those assets, and an equitable distribution of marital assets.

Often times valuation, as well as identification issues regarding marital assets arise in a divorce case.  You don’t want to be short changed at an important time in your life.  Contact an attorney who has the knowledge and temperament to provide you with guidance throughout your case.  Boca Raton divorce lawyer Alan R. Burton should be contacted at your earliest opportunity by calling him at 954-295-9222.

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.

During a divorce, Florida law requires the fair and equitable division of all jointly-owned property and this law applies to debts, as well. However, dividing up debts can be complex, especially if some debts are owned individually and others jointly. The name on the debt does not always mean that person will be solely responsible for the payments, however, and it is important to discuss debt division with an experienced divorce attorney who understands the relevant law. The following is some brief information regarding the division of certain debts in divorce:

Student Loans

Student loans are often individual debts unless the spouses cosigned on the loans or the loans were acquired during the marriage. In such cases, the loans would be considered marital debt and you may be held responsible for sharing the payment unless you and your spouse can agree otherwise. However, even if you agree that your spouse will be responsible for the loans, your name will likely remain on the loans and any failure to repay could affect your credit.

Credit Card Debt  

Credit cards are generally in the name of one person only and the other spouse is generally made an authorized user. However, if the debt was incurred during the marriage, it will likely be considered marital debt regardless of whose name is on the account. One exception to this may occur if your spouse purposely racked up a significant amount of debt in anticipation of the divorce. In such cases, a court may determine that debt will be their responsibility.

Mortgage

If you and your spouse bought a home together, your mortgage will likely be the largest debt you have. In many cases, especially if you do not have children, you may decide to sell the house to eliminate the debt all at once. However, if your spouse decides to stay in the home, you will likely have your part of the debt bought out. If you stay in the home and you cannot afford to buy your spouse out of the mortgage, you may be able to come up with another way to make up for it, such as giving them a greater portion of your assets or other property.

Contact a Divorce Attorney in Boca Raton for Help

When you are facing divorce, you likely already have enough financial concerns without having to worry about paying your spouse’s debts. Experienced divorce attorney Alan R. Burton knows how to fight for your right to a fair division of debt in line with Florida property division laws. In addition, Mr. Burton will assist in ensuring all child or spousal support determinations are fair so that you can emerge from your divorce in the best financial situation possible. We offer free consultations, so please contact our office at 954-229-1660 for help today.

Marital assets generally include any property that is acquired by either spouse through the duration of the marriage. This can include real estate, investments, retirement accounts, cash, and personal property. Even if only one spouse purchases a property or opens a retirement account, if he or she uses would-be marital funds to do so, the property will be considered marital regardless of the name(s) on the title. All too often, a spouse believes that because he or she started a business or titled a vehicle in only one name, that the property will be considered separate. In fact, in these situations, any business proceeds or vehicle equity acquired during the marriage should be divided between the spouses. If marital funds were used to acquire the property or if the proceeds of the property/assets would benefit both spouses, the classification should generally be “marital.” This can be confusing in many situations, so it is wise to review all property and asset classification with an experienced divorce attorney who understands Florida law.

What Is Separate Property?

Separate property generally includes the following:

• Property or assets acquired prior to the marriage;
• Property acquired as a gift to one spouse (even during the marriage);
• Assets or property received through inheritance (even during the marriage);
• Assets that can be traced to separately-owned property;
• Any property agreed to be separate in a written prenuptial agreement.

The above are not hard and fast rules, however, as situations can arise in which traditionally separate property can become marital property. For example, if one spouse receives money as an inheritance and uses it to purchase a home for the family, including the spouse, that house would likely be considered marital property even though it was acquired through a separate inheritance. Many other complex situations can arise in which the lines between marital and separate property can be blurred and misclassification can easily occur.

Discuss Your Divorce Case With an Experienced Boca Raton Divorce Lawyer

At the law office of divorce attorney Alan R. Burton in Boca Raton, we have helped to ensure that many individuals receive the proper and fair distribution of property and assets that they deserve in divorce. You do not want to risk your spouse taking your rightfully owned property or any other unfair outcome in your divorce, so please call our office for a free consultation today at 954-229-1660.

Disagreements Can Be Costly

In the popular movie When Harry Met Sally, a main character is discussing divorce and states, “This eight dollar dish will cost you a thousand dollars in phone calls to the legal firm of That’s Mine, This Is Yours.” While intended to be humorous, this concept is unfortunately a reality for many contemptuous divorcing spouses. When spouses refuse to agree on certain issues, those issues must be decided by the court and such litigation can be costly. In order to avoid spending $1,500 in legal fees determining what happens to $300 worth of holiday decorations, it is always best that you and your spouse attempt to agree on how the personal property will be divided. If there are certain items that cause particular sticking points, a mediator may be able to provide a more efficient resolution than taking the issue before the court.

Beware of Overbroad Clauses in the Divorce Agreement

Some divorce decrees may contain a standard clause reading something similar to: “Each party shall keep the personal property in that party’s possession, free and clear of any claim of the other.” While this clause can seem like a quick alternative to discussing every piece of personal property, it often leads to a highly disproportionate and inequitable division of the personal property.

For example, if you moved out of the family home into an apartment and took only the basic furniture and household items you need, those are the items that would be considered “in your possession.” Meanwhile, your spouse would still be in possession of an entire house’s worth of personal property, including everything stored in the basement, shed, garage, etc. While such items may seem like an inconsequential loss at the time, replenishing property such as tools, camping supplies, appliances, and any other such items can be extremely expensive.

Even if you do not want to divide each item up, you are still entitled to an equitable amount of the value of the personal marital property. The value of the property left in the house can be determined and your spouse can be required to pay you for your share if they retain possession of that property. This compensation can help you replace items and start over in your new home. This is only one of many options for handling the division of personal property in a divorce.

Contact a Boca Raton Divorce Attorney Today

Experienced Boca Raton divorce lawyer Alan R. Burton can help with the many issues that will arise in your divorce. Please call today for help at 954-229-1660.

One important tool in dividing rights to retirement accounts is the Qualified Domestic Relations Order, commonly called the QDRO. When a person owns a retirement account, he or she will likely initially be the only payee who will receive the proceeds of that account. However, retirement funds saved and invested during a marriage are considered to be marital property, even if the funds only came as a result of the job of one spouse. In the event of a divorce, one spouse may obtain the rights to also be an alternate payee for the retirement account.

However, certain plans such as those under the Employee Retirement Income Security Act (ERISA) will not simply pay the funds to an alternate payee without the appropriate paperwork. In such situations, a QDRO is needed to ensure the divided funds go to the former spouse or other dependent.

A QDRO is a court order that legally instructs the retirement or pension plan to split the payouts among the designated payees according to the percentages or amounts set out in the QDRO. A QDRO can be used to obtain retirement funds for the following reasons:

• As part of the division of marital property;
• As part of spousal support payments;
• As part of child support payments.

Simply because divorcing spouses agree to divide retirement accounts does not mean that the retirement plan is under any legal obligation to do so unless it has a QDRO. The amount that must be paid according to the QDRO will depend on many factors including whether there were retirement savings prior to the marriage or any specific property division agreements that divided the accounts in a way that was not 50% for each spouse.

In order to be valid, a QDRO must have many specific pieces of information, including:

• The name of the retirement plan;
• The full name, social security numbers, and contact information for both the initial payee (the employee) and any new alternate payees under the QDRO;
• The amount to be paid to each payee and the duration for benefits to be paid to the alternate payee, if applicable.

Contact a Qualified Divorce Lawyer in Boca Raton Today

Dividing assets in divorce can be relatively simple or can be extremely complicated. Whether your property is minimal or whether you and your spouse have multiple retirement accounts, business interests, real estate properties, and more, the law office of Alan R. Burton in Boca Raton can help you. Mr. Burton is a highly experienced family law attorney and understands how to handle divorces involving high or low assets in the most efficient way possible. Please call for a free consultation at 954-229-1660 as soon as possible.

Keeping the House

Staying in the family home may not be a priority for many younger spouses who end their marriage, but older homeowners may have potential benefits in being awarded their house. The following are some benefits of homeownership in retirement years:

• As you age, you may become eligible for tax waivers and exemptions for your real estate;
• Owning a home can provide benefits when applying for Medicaid or other public benefits;
• You may need the tax benefits of deducting mortgage interest to offset higher tax liability in retirement;
• Homeowners age 62 or older become eligible for a reverse mortgage, which can help with financial support;
• Even if you choose not to live in the home, it may provide rental income or significant equity if you have owned the home for a long time.

Retirement Accounts and Benefits

Retirement accounts are generally a marital asset that will be equitably divided upon divorce. Dividing retirement savings can be complicated and it is always critical to have the guidance of an experienced attorney who can assist with this process. An attorney can help get your Qualified Domestic Relations Order (QDRO) approved for pensions or investments accounts.

Additionally, if you are 62 or older and were married for at least ten years, you may be eligible for a percentage of your former spouse’s Social Security benefits. This is particularly important if you stopped working during the marriage to raise children and provide household support and, therefore, are not qualified for adequate Social Security on your own.

Contact an Experienced Boca Raton Divorce Attorney for a Free Consultation

Whether you are divorcing after one year of marriage or after 50 years, many complicated and unexpected legal issues may arise during the course of your case. It is crucial to have an experienced Boca Raton divorce lawyer representing you, especially if there is a substantial amount of money or property at stake. Family law attorney Alan R. Burton has protected the rights of many individuals facing divorce and can help to ensure you receive the most favorable outcome in your divorce so that you can enjoy your future with peace and financial stability. Please do not hesitate to call us today at (954) 229-1660 to discuss your situation.

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.

The wife of songwriter, singer, and successful music producer Timbaland filed for divorce at the end of June. She previously filed in 2013 though that case was dismissed as they attempted to reconcile. Apparently that attempt at reconciliation was not successful, as now she has not only filed again but requested many different types of financial support, including the following:

• Child support for both their biological daughter and her son from a prior relationship
• Support for private schools, summer camps, and vacations
• Life insurance
• Lump sum financial award
• Spousal support while the divorce is pending
• Rehabilitative alimony
• Permanent alimony
• Attorney’s fees

Because of the amount of money that she is seeking, it is likely that the couple did not sign any type of premarital agreement limiting the support she would receive in the event of divorce.

The amount of support she may be granted will depend on many different factors. For example, reports indicate that she does not have assets of her own, so she has no way to immediately support herself and her family. It will also depend on the amount of money Timbaland actually earned during the marriage and how much will be considered separate property if it was amassed prior to their wedding in 2008. The division of property will also depend upon state laws because, unlike Florida’s equitable division law, California is a community property state and has different methods of property distribution in divorce.

In regard to child support, Timbaland will likely be required to provide a substantial amount for their biological daughter. His wife claims that, even though he is not the biological father of her older child, Timbaland claimed the child “as his own” both privately and publicly. It remains to be seen whether or not the family court will find enough evidence to require Timbaland to provide support for a child that is not legally his own.

Overall, it seems that the divorce will involve complex issues and may require extensive negotiation and court intervention to settle them.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

Any divorce can have legal issues arise. However, divorces involving parties with significant assets, children, and no premarital agreement can become particularly complicated and costly. If you have a substantial financial fortune, it is imperative that you seek help from a divorce lawyer who knows how to handle this type of case. Boca Raton family law attorney Alan R. Burton has extensive experience handling all types of divorce cases, including those with a lot of money at stake. Mr. Burton will protect your best interests, so call today at (954) 229-1660 for help.

While this husband’s video entertained millions of viewers and his actions garnered international attention, pulling such a stunt is not advisable in the face of divorce from a financial and legal standpoint. In fact, in a Florida divorce case, that husband would likely face financial consequences for destroying marital property in such a manner.

Property Division in Accordance with Florida Law

Florida law mandates that division of all marital property must be equitable. Equitable does not mean equal (and especially does not mean cutting everything directly in half), but instead means that the division should be fair. What is fair will depend on many factors including the nature of the property, the length of the marriage, contributions to the household, and much more.

Many angry spouses may have the desire to destroy some of their marital property simply to keep their spouses from having it. This can include spending lavish amounts of money or physically destroying personal property. However, courts will take such behavior into consideration when making other determinations regarding the divorce case. For example, if you waste money or property, a court may award your spouse more of the remaining property to make up for it. Courts may also award your spouse additional alimony due to your wrongdoing. Furthermore, vengefully destroying property can also affect how a court views your character when making custody determinations. The court can also take into account whether you seem to be uncooperative in the divorce process when deciding what is fair and equitable.

In short, while sawing your property in half may make for an entertaining viral video, it will likely cause difficulty in your divorce case. It is always important to consult with an experienced divorce lawyer before taking any action regarding your property, especially before doing anything dramatic or impulsive that may affect your case.

An Experienced Boca Raton Divorce Attorney Can Help You

One of the main functions of a qualified divorce attorney is to advise you on what to do and what not to do throughout the course of your divorce case. A Boca Raton divorce lawyer will be able to provide an objective point of view with Florida’s divorce laws in mind to ensure you receive the most favorable outcome possible. If you are facing divorce or want to discuss any matter involving family law, call the law office of Alan R. Burton at (954) 229-1660 for assistance today.