What to Do When Your Co-Parent Violates Your Parenting Plan If your co-parent is refusing to follow your court-ordered time-sharing schedule, you have legal options. Florida law provides specific remedies and consequences for parenting plan violations, including make-up time, attorney's fees, and even contempt of court with possible jail time. ...
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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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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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