Parenting Coordinator Requirements

The parenting coordinator is not a judge, and he or she is not simply any unbiased third party.  The educational requirements for parenting coordinators in Florida are quite strict. To be a parenting coordinator, you must have a medical degree and be certified by the American Board of Psychiatry and Neurology, or else you must hold a master’s degree either in family mediation or in a mental health field. You must have three years of professional experience working as a psychiatrist or mental health professional. You must complete a family mediation training program, in addition to a parenting coordinator training program; the latter program includes 24 hours of classroom instruction. Having previously been found guilty of child abuse or domestic violence disqualifies you as a parenting coordinator. Additionally, parenting coordinators must keep what is said at parenting coordination meetings confidential, and they must avoid conflicts of interest with any parties involved.

Do You Still Need an Attorney?

Parenting coordination is much less expensive than litigation, but it is not free. At the same time, while parenting coordinators know a lot about the emotional well-being of children and parents after a divorce, they are not lawyers. Divorce without lawyers is not possible for most couples.  Even the simplest divorces, in which the couple does not have children together and has very little in terms of marital assets, sometimes require the services of one or more lawyers.

While a parenting coordinator certainly has an informed opinion about what is in the children’s best interest and how to set and achieve goals based on that, a parenting coordinator’s advice is not really a substitute for professional legal advice. For one thing, parenting coordinators only help with agreements regarding the parenting plan.  hey do not deal with division of property, which is often the second most controversial issue in a divorce after issues related to parenting.

Contact Alan Burton About Child Custody Cases

Before you meet with a parenting coordinator, it is a good idea to discuss your case with a family law attorney. Contact Alan R. Burton in Boca Raton, Florida for a legal consultation.

How Does a Get Work in Theory and in Practice?

A Get is a short document, consisting of only 12 lines, always written in the presence of a rabbi and signed by witnesses.  It declares that the marriage has been dissolved, and that the former spouses may enter into new marriages. Unlike a civil divorce decree, it does not contain any details about division of property or child custody.

According to Jewish law, a woman cannot enter a new valid marriage until her previous marriage has been dissolved by the issuance of a Get. If she has children with her new husband, they are not automatically acknowledged as members of the Jewish community and would need to go through a conversion process in order to marry within the faith.

The husband and wife need not both be physically present when the Get is drafted in order for it to be valid. Especially if they are estranged because of domestic abuse, one or both can send a representative to act on his or her behalf at the signing of the Get.

Florida courts do not require Jewish couples to obtain a Get at any point in civil divorce proceedings, just as they do not require Catholic couples to have the Church annul their marriages. Religious requirements rarely play a role in Florida family law cases.

Denomination Matters

A Get cannot take the place of a civil divorce, but how much civil divorce affects religious divorce varies from one denomination of Judaism to another. In Orthodox Judaism, the Get is, for all practical purposes, the only way to end a marriage. Even if an Orthodox Jewish couple gets a civil divorce, remarriage within the faith is not possible until a Get is issued. Several years ago, an Orthodox Jewish couple in New York, Yoel Weiss and Rivky Stein, were the subject of media attention when he refused to grant her a Get.

In Conservative Judaism, divorced couples still often end their marriages with a Get, but it is much easier to end the marriage without a Get than it is in Orthodox Judaism. If the husband refuses to grant his wife a Get, the Beit Din (rabbinical court) can annul the marriage, and the wife will be able to enter into a new Jewish marriage. Reform Judaism does not require a Get; it considers a civil divorce sufficient to end the marriage.

Contact Alan Burton About Divorce in Florida

Alan Burton is a family law attorney whose goal is to make divorce as painless as possible for couples who are going through it. Contact Alan R. Burton in Boca Raton, Florida for a consultation about your divorce case.

How do Florida Parenting Plans Address Holiday Timesharing?

People whose parents divorced in the 1980s and 1990s probably remember that life settled into a rhythm, usually including living with Mom during the week and with Dad on the weekends, but that sparks always flew at Thanksgiving and Christmas, when extended family members visited, or when one parent wanted to take the children to visit out-of-town relatives during a holiday.  This is one of the major issues that Florida’s new parenting plans address. The parenting plan template has questions to address every school vacation, including winter break, Thanksgiving, and spring break. Parents can choose, as soon as they divorce, where the children will spend each holiday each year. For example, they can specify that, in odd-numbered years, the children will spend Thanksgiving break with Mom until Friday afternoon and then spend the rest of it with Dad, but in even-numbered years, they will be with Dad until Friday afternoon and then go to Mom’s house. Parenting plans even allow parents to allot certain times for children to stay with grandparents, and they can choose to grant certain holiday days to the grandparents.

In some ways, Thanksgiving is the simplest holiday to plan because it is always on a Thursday.  What about Christmas, which is always on the same date, but on different days of the week?  What about Hanukkah, which sometimes coincides with winter break and sometimes does not?  What about Islamic holidays, which, because the Islamic lunar calendar is 11 days shorter than the Gregorian calendar, vary not only by day of the week, but by month?  (For example, this year, both Eid al-Fitr and Eid al-Adha were during summer vacation. In 2000, Eid al-Fitr was between Christmas and New Year’s.) Florida’s parenting plans were made to be customized.  You can specify that each parent gets the children for four nights of Hanukkah, and that if it falls during a school week, each parent gets one non-school night of the holiday.

Ambiguity Breeds Conflict: Avoid Holiday Confusion with Alan Burton

It might sound like micromanaging, but the best way to avoid holiday stress is to make your parenting plan as specific as possible. Once your parenting plan is set, you can build your holiday plans around when the children will be with you, and when they will be with your ex-spouse. Contact Alan R. Burton in Boca Raton, Florida to discuss the holiday timesharing aspects of your parenting plan.

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.

What is Annulment of Marriage?

The secular and religious definitions of marriage annulment are similar in their essence.  According to Florida law, an annulment is when a court declares a couple unmarried on the grounds that their marriage is not valid. It is different from a dissolution of marriage (divorce).  In a divorce, the marriage was real, but a judge legally ends the marriage at the request of one or both parties. The law considers the marriage to have begun on the day of the couple’s wedding and to have ended on the day the court issued the divorce decree. Courts make decisions about spousal support based on these dates. For example, courts rarely award permanent alimony in cases in which the couple was married for less than 17 years.

By contrast, in an annulment of marriage, the court declares that the couple was never actually married because their marriage was never valid in the first place or has become invalid. In practice, if the couple has children together, the husband maintains his status as the children’s legal father and does not need to take any further action to establish paternity.

Void and Voidable Marriages

Florida’s rules about annulment come from case law (precedents set in previous legal decisions) and not from Florida’s Constitution or statutes. They recognize a difference between void and voidable marriage. A marriage is void if there was a circumstance that, if the court had known about it at the time of the marriage, then it never would have legally recognized the marriage. In Florida, marriages are void if the spouses are close blood relatives or if one spouse was legally married to someone else at the time he or she married the spouse seeking the annulment. Florida courts have considered marriages voidable for a number of reasons, including the following:

• Duress – Someone forced or pressured one or both spouses into the marriage.
• Temporary inability to consent – One spouse was too ill or intoxicated to understand his or her actions at the time of entering into the marriage.
• Lack of parental consent – A spouse younger than 18 years old entered the marriage without the consent of a parent or legal guardian.

Contact Alan Burton About Marriage Annulment Cases

Alan Burton works exclusively with family law cases, including those that involve annulment of marriage. Contact Alan R. Burton in Boca Raton, Florida if a court has declared your marriage void or voidable, or if you think that it should.

Details of the Angeli v. Kluka Case

When Alexander Girgis was 3 years old, he underwent adenoid removal surgery. (Adenoid removal surgery is a non-emergency surgery; it is quite common for children who suffer from recurrent ear infections or sinus infections when other treatments fail to resolve the problem.)  Dr. Evelyn Kluka is the surgeon who performed the surgery, and Alexander recovered without any complications. At the time of the surgery, Alexander’s parents were in the process of getting a divorce. Alexander’s mother was the legal guardian who consented to the surgery, since medical treatments on minor children require a parent’s consent.

Five days after the surgery, Dr. Kluka called Alexander’s father, Imad Angeli, to follow up about Alexander’s recovery. Alexander’s father said that he had never given his consent for the surgery and that he planned to file a lawsuit. In the lawsuit, he alleged that his ex-wife had misled the doctor about the father’s consent. It was not a typical malpractice suit because he did not allege that Dr. Kluka had performed an unnecessary surgery or that she had done the surgery incorrectly. The court did not accept the father’s complaint.

What the Law Says About Parental Consent for Medical Treatment of Children

Florida’s case law contains few examples of parents disagreeing about consenting to a child’s medical treatment. The examples that are present are unanimous in saying that the consent of one parent is sufficient to proceed with the treatment. Non-emergency medical treatment is one of the most important items in the Florida parenting plan agreement for exactly this reason. Parents must agree ahead of time which parent has the final say about non-emergency medical treatment for the children. Emergency medical treatment is a different matter. Decisions need to be made quickly, and whichever parent is present when the emergency situation arises has the authority to consent to the necessary treatment.

Contact Alan R. Burton About Parenting Plan Agreements

Drafting a parenting plan can involve many thorny issues, not least among them medical treatment. Contact Alan R. Burton in Boca Raton, Florida about how to draft a parenting plan that will effectively avoid conflicts between parents.

Unfortunately, though, things can get ugly in a divorce, especially when parents disagree about child custody arrangements. One parent sometimes argues that the other parent is unfit to spend a majority of the time with the children because of a pre-existing diagnosis of a mental health condition. If your former spouse does bring up your mental health history during divorce proceedings, will it affect the outcome of the case? Usually, it does not.

When Your Mental Health History Does Not Affect Parenting Plan Decisions

Under Florida’s current system of parenting plans, no two custody agreements are alike. The parenting-plan form is a multi-page questionnaire as long and complex as the longest tax forms.  Each decision regarding the children is a separate question; it is not simply a matter of one parent getting all or most of the custody of the children. The parents’ private health information usually does not factor into which decisions the judge approves in the parenting plan. The main goal is to cause as little disruption in the children’s lives as possible. Consider that, if a parent were undergoing treatment for a physical illness while the parents were married, most of the time it would not be a factor in the parenting agreement. The same usually applies to mental illnesses.  Furthermore, the parent’s psychiatrist cannot be asked to reveal the parent’s private health situation in court, except in the case of a true emergency, such as a suicide attempt or involuntary hospitalization.

When Your Mental Health History can Affect Parenting Plan Decisions

As stated above, a mental health emergency that happens during the divorce proceedings can become a factor in the case. Simply being treated for a mental illness currently or in the past is none of the court’s business. There is a considerable gray area where addiction is concerned, but if you are compliant with your addiction treatment and have a long record of sobriety since being diagnosed with an addiction, it should not preclude you from being able to spend a substantial amount of time with your children and having a strong voice in parenting decisions.

Contact Alan R. Burton About Child Custody Cases and Parenting Plans

If you think that a judge has unfairly used your mental health history against you, you can still seek to modify your parenting plan in a way that is more favorable to you. Contact Alan R. Burton in Boca Raton, Florida about amending your parenting plan.

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.

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.

The Child Support That Most People Have to Pay

Florida has standard child support guidelines. The main criteria determining how much you must pay are your net income and the number of children you must support. Judges usually follow the child support guidelines closely. In fact, when a judge orders a child support amount that differs from the amount determined by the guidelines by more than 5%, the judge must file a written statement explaining why he or she decided on this new amount.

Exceptions to the Standard Child Support Guidelines in Florida

The most common reason that a court allows a parent to stop paying child support on a child is that the child becomes a legal adult. This usually happens on the child’s 18th birthday, but it can happen sooner if the child becomes legally emancipated as a teenager. If the parent’s parental rights are terminated, the parent can also stop paying earlier. A common reason for termination of parental rights is that another adult adopts the child. For example, if the mother remarries and the stepfather legally adopts the children, the biological father no longer has to pay child support, but he also no longer has a legal right to a relationship with the children.

Courts can terminate support agreements for reasons other than termination of parental rights. If one parent dies or is sentenced to a prison term, the judge can terminate the support agreement.  In the case of incarceration, judges do not always terminate the agreement; sometimes courts impute income to the incarcerated parent, who must resume paying child support upon his or her release.

Finally, you can be exempt from paying child support if you and your ex-spouse agree in writing that the support is not needed.  This usually happens when the parent who spends more time with the children has a higher income than the non-custodial parent.

Contact Alan Burton About Child Support Cases

To stop child support payments completely, the circumstances have to be quite extreme.  Modifying child support orders, however, is more common. Contact Alan R. Burton in Boca Raton, Florida for help with your child support case.

What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course.

If a court requires you to take a parenting course, it does not mean that the judge thinks you are a bad parent. It is simply to make sure that both parents understand the legal requirements and basic principles for co-parenting a child when the parents are not married to each other. In fact, the courts do not require the class for just one parent; they always require it for both parents.  The parents do not have to attend the class together, though, and in fact, they usually do not. The course is designed not to be a major burden on parents. The minimum length for the course is four hours; most of the time, the courses last just one afternoon or evening. While the law does not specify a price for the course, the course must not be prohibitively expensive. In practice, the usual price for a Florida parenting course is between $18 and $39.

Alan R. Burton Works With Family Law Cases in Florida

Completing a required parenting course is just about the only thing that is easy about divorce when you have minor children. For everything else, you need the help of an experienced family lawyer. Contact Alan R. Burton in Boca Raton, Florida about divorce and child custody.

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.

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.

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.