Divorce Archives - Family Law Offices of Kalish & Jaggars

21 March

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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...

26 January

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QDROs: Dividing Retirement Funds in a Florida Divorce

Posted by Scott Kalish

in Family Law

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...

25 January

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Florida Non-Marital Property

Posted by Scott Kalish

in Family Law

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) ✅...

22 June

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Florida Child Custody Enforcement

Posted by Scott Kalish

in Family Law

If you have minor children, and have gone through family court, and now have a parenting plan, then you may have wondered: What Happens If The Other Parent Violates Our Court Ordered Parenting Plan? There may be serious consequences for parents that violate their court ordered parenting plan. In fact, Florida has a specific law that covers this situation. Once a time-sharing schedule has been developed and approved by the court, it's considered an actual Court Order. Judge's have a variety of tools that they can use to enforce their previous orders. As mentioned above there is a specific statute that gives...

26 September

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Florida Marital Property

Posted by Scott Kalish

in Family Law

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,...

Permanent (Lifetime) Alimony in Florida

QDROs: Dividing Retirement Funds in a Florida Divorce

Florida Non-Marital Property

Florida Marital Property

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