Alimony

February 4, 2009

Football and Pornography in Florida Divorces

Super Bowl XLIII was played in Tampa, Florida, but real-life drama unfolded on the televisions across the Tucson-area Sunday night. Tuning into watch the biggest game of the year amounted to viewing a lot more for Comcast viewers. During a portion of the Steelers v. Cardinals game, the game was interrupted with a 30-second clip of adult content and many saw full male nudity. While this incident is most likely the cause of “malicious acts,” pornography and football comes up in 2008->Ch0061->Section%20075#0061.075; target=”_blank”>;Florida divorces regularly.

Florida is a “no-fault” divorce state, but using money to purchase pornography, place bets on football (Super Bowl XLII), or have extramarital relationships can really come back with a vengeance. Thankfully, the men and women tuning in on Sunday will not be accused of such behavior for their brief encounter with a “malicious act” at the cable company.

Written By: Lenorae Atter

February 2, 2009

A Florida Divorce Makes Yankee Fans Happy

By Wood, Atter & Wolf, P.A.

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New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

January 26, 2009

How can I get alimony? Florida Alimony Statute

By Wood, Atter & Wolf, P.A.

Florida Statute 61.08 provides the rules for receiving alimony. However, only the courts and many lawsuits have created the boundaries for what are considered short-term and long-term marriages. As such, many people feel that if they are married and their spouse provided for them, then they are entitled to alimony in some capacity.

If you have ever dealt with child support issues or other family law matters, then you may know that the amount in child support is determined by a calculation and the numbers don’t really change one way or another because it’s really a black and white issue. However, that is not true with alimony, and there are many factors that can be considered. However, the focus here is not in the aspect of determining whether you’ll receive alimony, but just to clarify a few terms that you probably could not find on your own.

In first determining alimony, your legal representative and/or the court will evaluate the length of the marriage. In Florida, a long-term marriage is considered anything over 15 years of marriage and a short-term marriage is anything up to 10 years. Many people fall within a gray area, which the court has the right to use its discretion in determining and that is the 11-15 year marriages. It is important to realize that the court does have discretion to rule in accordance with the lifestyle of the parties, the work dynamic of the parties, and many other aspects. Also, since Florida does not recognize an equation for the process, often each judge has his/her own way of determining how, if any, alimony should be determined.

January 23, 2009

Divorce Lawyer in Florida: My spouse has money for a lawyer and I don’t.

By Wood, Atter & Wolf, P.A.

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a “hired gun” because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

January 16, 2009

In a Florida Divorce Who Get the Engagement? Family Law Assets

By Wood, Atter & Wolf, P.A.

In Florida, the law recognizes certain items as premarital assets and in a divorce those items typically remain with the person that brought them in. Engagement rings are always a question for clients because one party paid for the ring and one has been wearing the ring, so to whom does it belong?

If you received an engagement ring but did not go through with the marriage, then the ring is normally returned. However, if you received the ring, went down the aisle and were married, then that ring now has a place with the wife regardless of payment being made by the husband. The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage. The value of the ring, given that it is premarital, does not go into the pot of the value of the couple’s assets. Therefore, if the ring is worth $20,000 and was a family heirloom of the husband, as was the issue in a recent Florida case, the court must still find the ring as nonmarital property and will go to the Wife.

January 13, 2009

$1.5 Million Dollars for a Body Part and Florida Family Law

By Wood, Atter & Wolf, P.A.

Like trends that begin in Paris, Florida law is sometimes influenced by other states. In New York, a contested divorce is pending between a Long Island, New York doctor (Dr. Richard Batista) and his wife.

A Long Island doctor whose wife dumped him for her physical therapist after he gave her his kidney is suing the mother of three for the $1.5 million that he claims the organ is worth. Having donated his kidney to save his wife’s life in 2001, Mr. Batista feels he is owed compensation for his selfless act.

According to the story reported on Fox News, this is the first of its kind in New York. However, the idea is not so out of the ordinary for many spouses who have provided life through their own body part donations or supported their spouse through tedious treatments and doctor appointments. The concept of compensation for supporting life, when they have been betrayed by the donor is one we will most likely see arise in the future here in Florida.

January 5, 2009

Florida Family Law Cases – The Good, Bad, and Ugly about My Space, Face Book and Other Social Networking Sites

By Wood, Atter & Wolf, P.A.

Social networking sites like Face Book, My Space and others provide for a good support system for friends and family. When people are feeling down and need a friend or just are bored, they go to Face Book and My Space to read and posts their thoughts, feelings and activities. Friendships and activities posted on the web can come back to haunt you in a Family Law cases. People are often times foolish when they are online. They think that they are invisible when in fact the whole worlds can see what they are doing. There have been cases where people have been caught in marital affairs and even criminal activities through posts at Face Book, My Space and You Tube. On the flip side, these sites can be a wealth of information for those trying to find out more information about a person, business, and yes a spouse involved in a legal matter.

At Wood, Atter & Wolf, we have searched through My Space and Face Book in the past to find out information on the other side and (yes) our clients. Be careful what you posts out there in cyberspace. The whole world is watching and paying attention. One day, a Judge may even read your entries and information to determine an important legal issue on a case.