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Clients and their children are often shocked to learn that a surviving spouse has certain minimum rights to the deceased spouse’s property under Florida law. These rights exist by virtue of marriage and can only be waived in a very particular manner. They include the right to inheritance as a “pretermitted spouse, family allowance, elective share, homestead, and preference in appointment as personal representative. For part one of this multi-part blog, I will address the concept of a pretermitted spouse and family allowance.
By Matthew Shapiro, Daytona Beach Attorney
Generally speaking, a person’s alimony obligation terminates if his or her ex-spouse gets remarried. In some states, such as Florida, laws have been passed allowing alimony to be terminated if one’s former spouse enters into a supportive relationship. A supportive relationship is, simply put, two unrelated persons holding themselves out as spouses who reside together and provide support or services to one another. Florida’s divorce laws notwithstanding, divorcing spouses are free to craft their own agreements as to alimony and the reasons for which it can be terminated.
By Paul E Rice, Jr. - Board Certified Divorce Attorney
Taxes issues and consequences are a continuous fact of life. It is important, to look at tax effects and tax consequences when you are going through a divorce. The following is an outline of some of the important things to consider as part of your divorce case.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney
Chapter 61 of Florida Statutes covers an array of topics that surround parenting issues, to include parental decision making for minor children. Every family and every case has a different set of circumstances but the consistent factor throughout the court’s consideration in a parenting plan is the best interests of the children. When it comes to parental responsibility, the best interests of the child vary from case to case.
By Rice Law
I consult on a regular and consistent basis with parents that want to try and go back to modify or change their parenting plan that usually involve aspects of requests to modify parental responsibility and timesharing of their minor child(ren). What I am listening to and trying to determine is if the set of facts and circumstances that I am told about in these consults rise to the legal level for a modification.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney
Pensions and retirement assets are often among the largest and most significant assets at issue in a divorce proceeding. Florida’s equitable distribution law recognizes that some retirement assets are marital, some are non-marital and others are a combination of both.
By Paul E Rice, Jr. - Board Certified Divorce Attorney
The holidays are here. A time for family, for friends, and for gathering around the table to feast. But what would a gathering be without certain taboo topics? No, not politics. I’m talking about inheritance and estate planning. Who is in the Will, who has been omitted, and who has work to do if they want to stay off the naughty list?
By Matthew Shapiro, Daytona Beach Attorney
Chapter 742.18 of Florida Statutes specifies the requirements for seeking a disestablishment of paternity or a termination of a child support obligation in circumstances wherein the male is not the biological father of the child.
By Rice Law
One of the marriage difficulties that predictably leads to divorce is one spouse’s alcohol abuse or other addiction - to gambling, sex, food, drugs or spending. Over time, these habits erode the relationship and wreak havoc on finances.
By Elizabeth King
This year saw a sweeping movement in the Florida Legislature of proposed bills that would have had a large impact on the criminal justice system in Florida. While many of these bills did not become law in Florida, there were several that did, and that went into effect a few months ago- July 1, 2022. This article focuses on 2 of the new Florida criminal laws.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney