DISABILITY PAYMENTS MADE TO MY DIVORCING SPOUSE: WHERE’S MY SHARE?

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…

“MY PARTNER IS CRAZY: HOW CAN I PROVE IT AND PROTECT THE KIDS? ”

“MY PARTNER IS CRAZY: HOW CAN I PROVE IT AND PROTECT THE KIDS? ”

GETTING MENTAL HEALTH EVIDENCE INTO COURT IN CASES INVOLVING CHILDREN As noted in an earlier blog, mental health issues are quite common today in custody cases (divorce and paternity). Many parties in these matters are quite convinced their partners suffer from one or more psychological or even psychiatric disabilities that should block the partner’s ability…

MY SPOUSE HAD AN AFFAIR: WHAT’S NEXT?

MY SPOUSE HAD AN AFFAIR: WHAT’S NEXT?

Recently, the divorce website, DivorceForce, published a thoughtful article concerning the effect that the discovery of an affair has on an individual in a (previously) committed marital relationship. It was quite insightful and we wish to share it with you. The article discussed interviews with three experts in the field, Anne Bercht, co-founder of Beyond…

FLORIDA DIVORCE LAW AND MARITAL DEBT: (MORTGAGES, STUDENT LOANS, CREDIT CARDS, ETC.)

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…

DEALING WITH A NARCISSIST IN A FAMILY LAW MATTER (DIVORCE, PATERNITY, CUSTODY, ETC.)

DEALING WITH A NARCISSIST IN A FAMILY LAW MATTER (DIVORCE, PATERNITY, CUSTODY, ETC.)

Having practiced family law for over three decades, the prevalence of mental health issues in our office’s cases is obvious and growing. Alcoholism, drug abuse, and serial infidelity have always been common, but the analysis of the disorders present in one or both parties is becoming more clear as science advances. Among the most common…

ALIMONY’S ‘STANDARD OF LIVING’ TEST: WHAT IF THE ‘STANDARD’ IS TOO HIGH?

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…