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Orlando Divorce Law Blog

Factors that go into determining alimony

In any divorce, alimony is typically the most contentious issues next to child custody. Judges in Florida spend a great deal of their time resolving disputes related to unpaid alimony or former spouses making the case for why the court should terminate future alimony payments. 

Needing to pay alimony can be a significant burden on the party who has to pay. However, it is essential so that the spouse making less money can still maintain a manageable lifestyle. Judges must look at various factors to determine how much alimony is fair and how long the spouse should pay it out for. 

Gray divorce could result in a blended family

If you decide to divorce later in life, such as around retirement age, there are special considerations. For example, you'll focus a good amount of time on the best way to split retirement assets.

Once your divorce is in the past, it's time to move on with your life. This could lead you toward another marriage. If it does, you may have to get on board with the idea of a blended family.

How to find hidden assets during your divorce

Once you decide to divorce, it won't be long before you're making a checklist of all your assets and debts. It's critical to have this nearby at all times, as it'll help you make informed decisions.

One thing you may be concerned about is hidden assets. While you hope your ex-spouse doesn't do this, it's possible they could take steps to hide assets from the court.

4 tips to follow if divorcing after retirement

When you finally decide to hang up your work boots for good, it's safe to assume you're looking forward to a future full of happiness and relaxation. Unfortunately, you could find yourself facing the divorce process at this time.

Divorcing after retirement is never easy, but here are four tips you can follow to stay on track:

  • Protect yourself before you divorce: For example, if you're getting married later in life, sign a prenuptial agreement to protect yourself. If you're already married, a postnuptial agreement is the right choice.
  • Create a property division checklist: Write down all your assets, including whether they are separate or joint.
  • Get into a flexible frame of mind: You won't get everything you want from your divorce, as compromise and negotiation is a must. Staying in a flexible frame of mind will help you get through the process with the least amount of stress possible.
  • Think about the future: It's easy to focus on the here and now, but divorce after retirement should push your thoughts into the future. For instance, think about how the division of retirement assets, such as a 401k plan, will impact your financial future.

How do I appeal a Florida family law case?

One of the final steps in the divorce process is for a judge to enter a final judgment in your case. Once they do so, it will be necessary to file a motion to modify your court order. If you both signed a settlement agreement, then it may only possible to file an appeal if there are concerns over how it was reached or its enforceability.

Appeals can be filed only if there was a significant error that happened while your case was being tried. If the presiding judge engaged in an abuse of discretion or there was an error of law or fact, then you may be eligible to file an appeal as well.

How to divide intellectual property in your Florida divorce

When getting a divorce, you must go through the process of dividing marital assets. Some types of property and sources of money are relatively easy to split. Deciding who gets a car or how to distribute money from a bank account are fairly simple decisions. Other some assets, like intellectual property, are far more complicated to untangle. 

Splitting up copyrights, trademarks or patents is no walk in the park. Figuring out how to fairly separate these kinds of assets requires careful consideration and proper guidance. Here is a general overview of your options when dividing intellectual property in your Florida divorce. 

401(k) distribution options after a divorce

Every aspect of your divorce requires your full attention, and this is especially true when it comes to retirement accounts. If you ignore this now, you could regret it at some point in the future, such as when you want to retire.

If you're on the receiving end of a 401(k) distribution, it's imperative to understand your options for obtaining the money. The decision you make will impact you in many ways, including when you can access the funds and how it alters your tax circumstances.

Child custody and moving: Are you able to relocate?

With your divorce in the past, you may have an interest in relocating with your children. If you have physical custody of your children, you're in a position to at least consider this idea.

Deciding to move is easier said than done, as you need to consider many factors:

  • The impact on you
  • The impact on your children (such as leaving their school and friends behind)
  • The impact on your ex-spouse

How can we split the art collection in our divorce?

If you and your spouse are art collectors and now face a divorce, you may struggle with divvying up the pieces. In addition to their financial value, artwork can retain strong sentimental value to collectors, making it hard to part with cherished pieces.

Below are some suggestions to employ when determining who will keep which pieces from a shared collection.

Why is gray divorce on the rise lately?

You may have heard that gray divorce -- a common term for when two people get divorced later in life -- is on the rise in the United States. In fact, it has been said that about 25 percent of all divorce cases involve these individuals who are around retirement age.

Have you ever wondered why this is? Why are so many people splitting up so late in life?

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Mercedes R. Wechsler, P.A.
1212 E. Ridgewood Street
Orlando, FL 32803

Phone: 407-440-0878
Fax: 407-839-0263
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