Attorney’s Fees and Alimony Awards Must Be Supported By Findings Of Fact Including Need And Ability To Pay

If you hope to obtain an attorney’s fee award, temporary support, or alimony in a divorce case you need to present evidence to the court of your need and the other parties ability to pay. Evidence presented should include the standard of living established during the marriage; the contribution of each party to the marriage; …

Prenuptial Agreements

We are lawyers in Miami that prepare, review, and litigate prenuptial and postnuptial agreements. Call us today to help you with your prenuptial or postnuptial agreement needs (786) 539-4935. Nuptial agreements can provide for the protection of assets in the event of divorce of the parties, alimony or the waiver of alimony, the distribution of …

Can a Prenuptial Agreement Be Invalidated?

Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy, duress,  a lack of full financial disclosure, or fraudulent financial disclosure. Section 61.079(7)(a), Florida Statutes (2019), in relevant part, provides: “A premarital agreement is not enforceable …

What Happens To My Pension And Retirement In My Divorce?

In a divorce the marital portion of the pension or retirement plan is going to be subject to valuation and equitable distribution.  The non-marital portion should not be subject to equitable distribution by the court. All vested and non vested pensions, retirement, profit sharing, thrift savings, annuities, or insurance acquired during the marriage constitute marital …

Divorce, Property Division, and Equitable Distribution, Florida Statute Section 61.075

PROPERTY DIVISION If you have questions about a divorce, division of assets or equitable distribution call us on (786) 539-4935 to arrange a consultation. Florida State Section 61.075 (2015) Equitable distribution of marital assets and liabilities states: (1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court …