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Scott Kalish

Family Law Offices of Kalish & Jaggars > Articles posted by Scott Kalish

Contested vs. Uncontested Divorce in Florida: What You Need to Know

Quick Summary: When you're facing divorce in Florida, one of the first questions you'll encounter is whether your case will be contested or uncontested. This distinction isn't just legal terminology, it shapes everything from how long your divorce takes to how much it costs and the level of stress you'll experience along the way. In this comprehensive guide, I'll walk you through exactly what these terms mean, how they affect your case, and the strategic approach to getting the best possible outcome for your future. I've guided countless clients through both types of divorce over my years...

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Filing for Divorce in Florida

Practical guidance for Florida families. Clear, calm, and to the point. Over the last couple of weeks I’ve had a bunch of people ask me whether there is an advantage to filing for divorce first. This is added to my series of blog posts that answer frequently asked questions about the Florida divorce process. In this post, we'll explore the advantages and disadvantages of being the first to file for divorce in Florida. Whether you are considering filing for divorce or simply curious about how the process would start, this will give you a helpful, big-picture view of the pros and cons...

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Alimony Obligations during Retirement in Florida

“Am I really expected to work until I’m 82 just to keep paying alimony?” “What happens to my support when my ex retires?” If you’ve asked yourself either of those questions, you’re in the right place. Whether you’re nearing retirement and wondering if you can finally stop making those monthly alimony payments, or you rely on that support and are worried it might suddenly disappear. Florida law has answers. And the good news? It’s more balanced than ever before. This article breaks down how Florida handles alimony when retirement enters the picture. We’ll look at both sides — what it means if you’re...

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Permanent (Lifetime) Alimony in Florida

If you're considering divorce or already going through the process, one of the most important financial topics to understand is alimony—especially permanent alimony. Alimony is court-ordered financial support from one spouse to the other. It’s not about punishment; it’s about ensuring one spouse isn’t left at a significant financial disadvantage after the marriage ends. If you’re concerned about how alimony might affect your future, you’re not alone—and I’m here to help walk you through it. Types of Alimony in Florida Under Florida Statute §61.08, there are four primary types of alimony: Bridge-the-gap alimony – Short-term support that helps one spouse transition to single life. Rehabilitative...

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Visitation Rights and Schedules in Florida

A parenting plan is a document that outlines the schedule each parent gets to see the children for, parental responsibilities, and communication methods for parents who are divorcing or separating in the state of Florida. If violated, the offending parent can face fines, jail time, or be required to make up time sharing. In this article, I’ll answer the following questions about parenting plans in Florida… ...

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Private School Tuition and Divorce in Florida: What You Need to Know

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 in Florida 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...

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QDROs: Dividing Retirement Funds in a Florida Divorce

Navigating splitting your retirement in Florida during a divorce

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 Florida divorce. Whether you’re dealing with a 401(k), stock options, or a pension, we’ll walk through...

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Florida Non-Marital Property

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. 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. Marital vs. Non-Marital Property in Florida Property Type Marital Property (Subject to Division) Non-Marital Property (Not Divided in Divorce) Assets Acquired Before Marriage ❌ No (except if commingled) ✅ Yes Assets Acquired During Marriage ✅ Yes ❌ No (unless gifted separately) Gifts & Inheritances ❌ No (if kept separate) ✅...

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Does Cheating Have an Impact on Florida Divorce Cases?

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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