Divorce is never easy. It is an emotional, financial, and legal process that can feel overwhelming, especially if you are unsure what to expect. Many people assume they will have to battle things out in court before a judge....
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Divorce is already complicated, but when private school tuition is involved, it adds another layer of financial and legal challenges. If your child is currently attending a private school or you’re considering enrolling them, you may be wondering: Will I be required to continue paying for private school after my divorce? Can I ask my ex to cover tuition costs? What happens if private school is no longer affordable? In Florida, a judge can order one parent to contribute to private school tuition, but it is not automatic. Certain legal criteria must be met. Below, we will break down how Florida divorce laws address private...
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Can My Spouse Take My Retirement In A Florida Divorce? I’m family law attorney Scott Kalish. Today, we’re tackling a question that’s on the minds of many going through a divorce in sunny Florida: “Can my spouse lay claim to my retirement funds?” What about stocks, 401(k) plans, pensions, or other benefits? Divorce can be complex, especially when it involves dividing retirement accounts and other assets. This article, based on an episode of my Florida Divorce Podcast, will help you understand how retirement-related assets are divided during a divorce. Whether you’re dealing with a 401(k), stock options, or a pension, we’ll walk through the...
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In Florida, understanding the difference between marital and non-marital property is crucial during a divorce. Non-marital property refers to assets or liabilities that are excluded from equitable distribution, meaning they remain the sole property of the original owner. Our legal team specializes in identifying separate vs marital property to ensure your interests are protected during the asset division process. This article will break down what qualifies as non-marital property, how it is treated under Florida law, and scenarios where it might transform into marital property. If you wish to protect your assets before marriage, we can also assist in drafting a...
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Does cheating have an impact on Florida divorce cases? Are you in this type of situation, wondering what you should do now? I'm Scott Kalish, a divorce and family law attorney in South Florida, and I'm here to clarify this issue. Listen On Your Favorite Podcast Platform Like this episode? Be sure to subscribe to the Florida Divorce Podcast. Your source for the information you need to successfully get through your divorce and onto the next exciting chapter of your life. The Role of Cheating in Divorce Cheating is one of the leading causes of divorce. Whether you're the cheater or the one who's...
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Florida law explicitly states that marital property is comprised of those “[a]ssets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.” § 61.075(6)(a), Florida Statutes. Typically this means that identifying an asset or liability as “marital” or “nonmarital” will in part come down to determining when the asset was acquired. Marital assets are subject to distribution, while nonmarital assets are not subject to distribution. Assets or liabilities that are incurred while the divorce proceeding is pending, but before the divorce is finalized, are typically considered “non marital” assets. In addition to property acquired during the marriage,...
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