Kathy D. Sheive Attorney at Law

Talk To An Experienced Attorney Call 407-624-5993

Kissimmee Florida Divorce Law Blog

How infidelity affects divorce settlements that are reached

In most at-fault divorce states, adultery is one of many grounds on which a spouse can be granted a dissolution of their marriage. In Florida and many other jurisdictions that offer no-fault divorces though, it's fairly common for attorneys to get asked how a spouse's infidelity may impact negotiations in their case.

One way in which a spouse's infidelity may affect the settlement of their divorce is when it comes to making financial agreements.

Can you afford to divorce in your senior years?

Whether you never expected to get divorced or you knew it would happen someday, ending your marriage late in life can be traumatic and risky. After all, you may have few resources or opportunities for earning income, and you have to consider your health and living expenses. While others may be preparing for retirement, you are not sure you are ready to start over on your own.

Just like any major decision, divorce under any circumstances typically means an upheaval of some kind. It is wise for those over 50 who are considering this path to seek as much information and sound advice as possible before moving forward.

Can you use your alimony income on a credit card application?

You and your spouse have always used a joint credit card, and you did not have one at all before you got married. Now you have decided to get divorced, and so you're canceling that joint account. Perhaps you already canceled it as soon as you filed to prevent any confusion.

At the same time, you fully expect your spouse to end up paying you alimony every month. Maybe you've already talked about it. Maybe not. Perhaps you gave up your own career years ago, allowing your spouse to pursue theirs, and so you know you deserve some support as you exit the relationship.

Financial planning should start as soon as divorce talks begin

The divorce trend is on a downturn in the United States. This is due in large part to millennials choosing to delay getting married. Even still, there are thousands of couples that decide to throw in their towel and get divorced every year. While many people talk about how difficult it is to cope with the demise of their marriage, even less of them speak about how divorce impacts their finances.

If your marriage is crumbling and you have time to get your ducks in order, then it may serve you well to consult with a financial planner to discuss what income you generate, what your expenses are and some money-smart strategies you can employ in order to grow your savings.

Post-divorce life: How to help your children cope

Even when you think that getting divorced is the best thing for you and your children, you still know that it is going to be tough on the kids. It's a big change in their young lives. They may struggle to make the adjustment.

If so, here are some ways that you can help them adjust:

  • Tell them, repeatedly, that it is not their fault. Children often struggle with guilt, which just makes that transition harder. You must stress that this is your choice and that you still love them more times than you even feel is necessary.
  • Try to be consistent and create routines. The more that children feel like life is the same, the better. Stick to the same bedtime routines, for example, and try to be consistent about who picks them up from school.
  • Give them your time. Nothing tells a child that you love them more than spending time with them. They'll struggle less with the changes if they get more time with their parents.
  • Focus on sharing experiences when you can't be together. Naturally, you may see your kids less after the divorce. There are still ways you can do things "together," though. For instance, some suggest picking books that you and the kids can read in the same week. When you meet back up in person, you can talk about the book, and it's like you had a shared experience even when you weren't together.

How is joint custody stressful on kids?

If you research the topic of child custody, then you'll find that an increasing number of family law judges award joint custody to parents. The research shows that joint custody allows both parents an opportunity to develop a meaningful relationship with their child. However, these studies don't often capture how stressful joint custody can be for the kids.

Children who must frequently travel between their parents' homes often find themselves stressed out. Those who stay longer with one parent may develop separation anxiety when they have to leave behind the other parent -- particularly when they are close to that parent.

Unusual yet important reasons to prepare for divorce

Engaged Florida couples rarely walk down the aisle expecting the marriage to end in divorce at some point in the future. While you may not think there is a way your marriage could ever lead to divorce, it could be beneficial to think about your future and determine how to prepare for it. One way to do this is by drafting prenuptial agreements.

A prenuptial agreement is not planning for a marriage to end. It is simply putting legal protections in place that will ensure you do not experience complications and financial loss in case of a contingency. Through a prenuptial agreement, you can outline your plans for property division, specifically addressing assets and issues that are unique to your individual situation

Factors to consider when dividing up a business during divorce

Divorces are often difficult to resolve. They may be even more so if you have complex assets such as retirement or investment portfolios, stocks or a business to divide up. Many husbands or wives don't take too well to having to give up a portion of their pension or company to their ex, especially when they haven't put in the hard work to build up its value.

When a divorcing couple is unable to reach an agreement about what to do with a business one of the spouses owns, then family law judges rarely rule that the couple should co-own it. They may, however, order that the husband or wife primarily running the business buys out their ex's share in it. A judge may allow a spouse to garnish or place a lien on profits or order a buyout to ensure this occurs.

How Florida judges decide between temporary and permanent alimony

In Florida, there are two types of alimony, durational and permanent, each of which is intended to help a spouse cover their bills as they adjust to their new set of financial circumstances. While many judges generally lean toward awarding spouses durational alimony, there are situations in which they still award permanent spousal support awards.

Durational alimony

Certain steps you take during your divorce may affect the outcome

Let's face it. Divorce isn't something people plan for. It's not uncommon for an individual's life to be sent into a tailspin when they're caught off guard by divorce papers. The uncertainty can lead many to make quick decisions in an effort to preserve their assets. While the choices an individual makes may seem to make sense on the surface, they may carry unintended consequences later.

If you are caught off guard by divorce papers, you'll want to immediately gather all financial documents from bank accounts, pensions or investment portfolios and copy them. Then, keep the copies in a safe area to which your spouse has no access.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.

Back to Top