In Florida, divorce cases involve predetermined steps according to the petitioner’s filing status. For instance, if the couple had children, the petitioner files under divorce laws for a divorce with children. Further conditions apply to the case that aren’t required if the couple didn’t have children. Destin lawyers help petitioners review laws that apply to their case.
What is Considered Marital Assets?
Any property that was purchased or obtained during the marriage is a marital asset. The assets aren’t limited to real property or automobiles. Retirement or pension plans started during the marriage are considered marital assets. Any property that was obtained before the marriage, inherited, or given as a gift is not considered marital property.
When Does a Spouse Receive Alimony?
Spouses receive alimony to support themselves financially. Alimony is provided temporarily to assist the spouse until they complete an educational program. Permanent alimony is offered when the spouse’s age or health prevents them from increasing their earning capacity. Permanent alimony is provided throughout the spouse’s life or until they choose to remarry.
Enforcing Prenuptial Agreements
The state of Florida enforces the terms of a prenuptial agreement even if it was created in a different state. The terms of the agreement define how marital property is divided and what conditions award child custody. The agreements might provide a financial award for remaining married for a predetermined number of years. If the couple cannot reach an agreement and have a prenup, a divorce trial is scheduled to enforce the terms.
Creating a Child Custody Arrangement
Child custody arrangements determine where the child lives most of the time and which parent has primary custody. The plans define how parenting time is divided and when the parents spend time with the child during holidays and vacations. Child support is calculated according to the income of each parent and the total number of children produced during the marriage.
In Florida, no-fault divorce cases require an equitable division of the marital estate. In some cases, spousal support is available according to the length of the marriage. Marriages that involved prenuptial agreements require additional steps, too. Petitioners who need to discuss their options contact an attorney right now.