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Kissimmee Florida Divorce Law Blog

Dividing debt in divorce

If you're like most divorcing couples, you have to divide not just assets that you've accumulated during the marriage, but debt as well. The most common joint debts are usually a mortgage, auto loans and credit cards.

The mortgage is typically the largest single debt a couple has. What happens to that debt depends on what the couple decides to do with the home. Some couples choose to sell the home and split whatever proceeds they get from it. If one spouse wants to keep the home, it's best for the other one to get off of the mortgage. That means the spouse who remains in the home has to refinance it as a single borrower.

Who is eligible for permanent alimony?

Florida readers know divorce brings many significant financial changes, and you may have serious concerns regarding how the end of your marriage will impact your life. Depending on the details of your current financial situation and other factors, you could be eligible for certain types of financial support. This could help you navigate a potentially difficult time of transition.

There are various types of alimony, also called spousal support, which could be available to you. It is beneficial to make the effort to learn about the factors that could impact eligibility and how courts determine who gets permanent alimony. If you think you have a rightful claim to permanent financial support after your divorce, you would be wise to learn how you can shield your interests and pursue the outcome you deserve.

Divorce tips for Florida couples that share a business

Many issues can make a divorce complicated. Children, adultery, finances and domestic violence are just a few contentious divorce issues. The presence of a business can also make ending a marriage complicated and difficult. Some couples in Florida even delay a divorce or choose to remain married "in name only" just to avoid the complexities joint ownership of a business can pose.

As you might expect, this is usually unsatisfactory for everyone involved. No one wants to deal with conflict, but there are ways to minimize the complexities of divorcing with a family business. Below are a few tips and suggestions that might make your divorce a little easier.

Property division: Surviving a high-asset divorce in Florida

Not every couple getting divorced feels burdened by complex property division. However, many couples do have to address these issues. Outside of matters involving children, high-asset property division is one of the most combative areas of divorce. We have seen even the most amicable divorce devolve into an all-out war, simply because the couple could not agree on how to divide the marital property.

As you may know, Florida is an equitable distribution state, which means that a court ultimately decides what is fair. It might mean that one spouse gets a higher share of the property than the other spouse does, or it might mean a 50/50 split. Still, couples can have a say in dividing assets if they can reach an equitable agreement.

Why a late-life divorce is not always the tragedy it once was

At one time, unhappy couples in their golden years endured the marriage for the sake of their adult kids and public opinion. Divorce at any age was seen as a negative in nearly all cases, even when one or both spouses were miserable with the situation. Now, divorce does not carry the stigma of bygone days, but many discontented couples still resist the idea of late-life divorce.

We do not want to encourage a divorce in relationships that have a chance of succeeding, but we also understand the misery that can accompany an unhealthy marriage. Today, older couples have discovered that divorcing can be a positive instead of a negative. Perhaps surprisingly, these couples and others have discovered that a late-life divorce comes with several unexpected benefits.

  • Enjoying the freedom of a fresh start
  • Being able to begin new intimate relationships
  • No longer answering to another person
  • Becoming a more complete individual
  • Taking control of the future

You don't have to let divorce ruin your business

You've been in a marriage for a long time and have been a business owner in the great state of Florida for just about as long. You and your spouse have been through it all -- raised your kids, grown your business, loved the ups and survived the downs. You are both looking forward to the years ahead, as long as you spend those years ahead apart. You both want a divorce, but how it will affect your company is a concern.

The truth of the matter is, you don't have to let divorce ruin your business. It may be your biggest marital asset, but you will not necessarily lose it simply because your marriage is falling apart. To figure out how your business is going to survive the divorce process, you must first determine if it is separate or marital property.

Are there benefits to being the first to file for divorce?

It is rarely a joyous occasion when a marriage reaches its end. Because it can be such a difficult decision, many Florida spouses procrastinate before filing for divorce. This is good if there is a chance to save the marriage, but when the relationship is broken beyond repair, procrastination may not serve your best interests.

While it is neither right nor wrong to file divorce papers first, some associated benefits of filing first do exist. Once you have concluded that your marriage is irreparable, the following advantages of filing first may convince you that it is time to start the proceedings.

What you should know about rehabilitative alimony

When a spouse first hears about rehabilitative alimony, it often strikes fear into his or her heart because it sounds so temporary. This is especially so if the spouse has not worked outside of the home for many years and doesn't yet have an income in place. While it is admirable to give up a career in order to support a spouse's business efforts, it can be detrimental should divorce enter the picture.

The first thing you should know about rehabilitative alimony in Florida is that is indeed meant to be temporary. At the same time, it is also a powerful tool for your self-development. Instead of leaving you "high-and-dry" with no source of income, this type of alimony is actually all about you and no one else. This support empowers you to blaze a trail towards your new future because it gives you time enough to establish your own method of self-support. You can use these funds in several ways, such as to:

  • Pay for a higher education
  • Learn a lucrative trade that is currently in demand
  • Take classes to improve your computer skills
  • Find an entry-level job and then improve your skills so that you can work your way up the ladder

Managing marital property correctly can help if you ever divorce

When people get married, they almost never think about divorce. This is the way it should be because you are happy and in love with your partner. However, as everyone knows, divorce happens, even in marriages that start out blissfully.

Aside from matters involving children, property division remains one of the most contentious areas of divorce. Not only is property division difficult on a legal basis. It is also emotionally challenging. After all, no spouse wants to feel that he or she came out of divorce with an unfair property settlement. This is especially so when both parties contribute to the marital pot.

Can I get an annulment and still receive alimony in Florida?

Annulments are a somewhat rare occurrence these days. If family law courts allowed people to annul marriages without discretion, couples experiencing even a minor conflict could simply choose to invalidate the marriage. This does not serve the much-revered concept of family preservation in America.

However, you should understand what annulment really means. Unlike divorce, annulment renders a marriage invalid. This is just another way to say that the marriage never existed in the first place. Annulment offers an attractive benefit in that it exempts a couple from having to get a divorce. However, the process has several significant disadvantages as well, including:

  • Loss of property like a home or a car if you are not the legal owner
  • Potential loss of fathers' rights
  • Loss of the right to a portion of your former spouse's estate if he or she dies

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