I Am Getting Divorced: Can I Get My Spouse’s Social Security?
It is typical in a divorce case that at least one spouse had worked during the marriage and thus may have contributed to Social Security during employment.
He Was Cheating On Our Taxes: Am I Liable Too?
Sometimes in divorce cases one spouse will learn that the other spouse on the parties’ joint Federal income tax returns (Form 1040) has failed to disclose income, taken improper tax deductions or failed to pay taxes when due to the I.R.S..
Disability Payments Made To My Divorcing Spouse: Where’s My Share?
A not-uncommon question arises when a divorce is planned and one spouse is receiving disability payments for a policy that existed either prior to or was acquired during the marriage. The disability policy is now in ‘pay status’. Is the non-disabled spouse entitled to receive any of those disability payments made during the marriage or…
Florida Divorce Law And Marital Debt: (Mortgages, Student Loans, Credit Cards, Etc.)
Often, one of the first questions a client in a divorce case raises concerns the treatment of debt. “Am I responsible for my wife’s credit cards?” “The mortgage was on his house before I moved in. Am I responsible?” “It’s her car. Do I have to pay off her auto loan?” “He has a lot…
Alimony’s ‘Standard Of Living’ Test: What If The ‘Standard’ Is Too High?
Under Florida’s alimony statute (Chapter 61.08, Florida Statutes), one of the main criteria in determining the amount of alimony to be awarded to requesting spouse is a determination by the court of the ‘standard of living maintained during the marriage.’ This is one of ten criteria to be applied once there is established a quantified…
Tax Credits With Kids: The Child Care And Dependent Care Credit Is Alive And Well
Since Congress passed the Tax Cuts and Jobs Act in 2017, many have mistakenly believed that the childcare tax credit is gone for now. It is not. Congress wanted to assist working parents of children under 13 years of age (and those caring for qualified dependents) and guardians by giving them a generous tax credit…
Buying The Marital Home With Premarital Money: On Divorce, Does It Have To Be Repaid?
In a contested divorce case, the court must identify each of the major marital assets, subtract any marital debts, and equitably distribute the net marital estate between the parties. Thus, it is very common to have the marital home valued by the court and the net equity (market value fewer mortgage balances) distributed between the…
Divorce Tax Tips For 2019
If you’re facing a divorce in 2019, you need to know that the new Federal tax act will have an impact on your case. Remember the old saying that in every divorce there are three parties: The spouses and Uncle Sam. It is very important that you have an attorney that understands at least the…
Divorce: How to Find Those ‘Hidden Assets’
In many divorces, the client will ask the lawyer “How can you find my spouse’s hidden assets?” There are a number of ways to do so. Sometimes it might be necessary to hire a forensic accountant to assist, but often just using the following steps may help. Divorce is a difficult experience but with the…
Dividing Your Marital Property And Debts
One of the first steps in a Florida divorce is dividing your marital assets and debts. Generally, all property (such as houses, cars, furniture, bank and retirement accounts, etc.) acquired during the marriage will be ‘marital property’. Property acquired before the marriage may not be ‘marital’ but if the value has appreciated during the marriage,…
