Alimony

April 18, 2010

Larry King Files For Eighth Divorce From Seventh Wife

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn’s sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

March 23, 2010

Understanding Divorce in Florida – “Regular Dissolution of Marriage”

By Wood, Atter & Wolf, P.A.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at
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March 15, 2010

Florida Housing Crash May Keep Unhappy Couples from Seeking Divorce

By Wood, Atter & Wolf, P.A.

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.

March 10, 2010

Understanding Divorce in Florida – “Dissolution of Marriage”

By Wood, Atter & Wolf, P.A.

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

February 25, 2010

Buying a New Home during Your Florida Divorce

By Wood, Atter & Wolf, P.A.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

February 25, 2010

Wife of Televangelist Benny Hinn Files for Divorce

By Wood, Atter & Wolf, P.A.

Benny Hinn is a world famous televangelist and perhaps one of the best known “prosperity gospel” advocates on television. Prosperity Gospel leaders teach their followers that belief in God will be rewarded with material wealth. Hinn’s Pentecostal broadcasts are seen and heard by millions daily.

Recently his wife of thirty years, Suzanne Hinn, filed for divorce from her husband, citing irreconcilable differences. The court filing did not bring up finances, but Hinn’s ministry is believed to be a multi-million dollar operation. The couple reportedly own three homes in Southern California.

Hinn’s finances have already been under scrutiny by Iowa Republican Senator Charles Grassley of the Senate Banking Committee. Grassley is looking into whether or not Hinn and other wealthy televangelists have complied with non-profit tax rules. Hinn maintains that he is in complete compliance with IRS regulations and that eighty eight percent of the money he raises goes to church causes.

February 25, 2010

Paul McCartney, Heather Mills Fail to Reach Divorce Settlement Agreement

By Wood, Atter & Wolf, P.A.

Former Model and Dancing with the Stars contestant Heather Mills and musician Paul McCartney have failed to reach a settlement in their long and bitter divorce. That means the British celebrity couple will likely end up in a public courtroom battle before a judge. A source close to the couple reported that all attempts to settle have been exhausted and the couple will not meet again until their court hearing.

The main reason the two failed to reach a settlement is reported to be Ms. Mills’ reluctance to agree to a confidentiality clause that would prevent her from speaking publicly about her marriage to the former Beatle. Sources say that Ms. Mills would like to write a book about her marriage. She would also like to retain the right to defend herself against public attacks concerning her marriage and divorce.

Reportedly, McCartney offered Ms. Mills over $100 million if she would sign the confidentiality agreement. She countered by saying she would accept a $15 million lower settlement without signing the agreement.

January 14, 2010

Understanding Prenuptial Agreements

By Wood, Atter & Wolf, P.A.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:

January 8, 2010

Tiger Woods’ Marital Problems Bring Up Issues of Florida Rules Governing Premarital Agreements and Child Custody

By Wood, Atter & Wolf, P.A.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens’ best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

January 6, 2010

Understanding Different Types of Florida Alimony

By Wood, Atter & Wolf, P.A.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.