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Is entireties property presumed to be a marital asset?

Apr 28, 2022 | Alimony, Marital Assets

According to Florida case law as of the date of this article, entireties property is presumed to be a marital asset, regardless of the date of acquisition, where the husband failed to prove he did not intend to gift the home: “By both statute and case law, entireties...

Is Past-Due Alimony a Vested Property Right?

Apr 21, 2022 | Alimony

According to Florida case law as of the date of this article, past-due installments of alimony become vested property rights of the spouse to whom the money is due: “The final issue concerns the trial court’s unexplained reduction of the alimony arrearage....

Is lump sum alimony subject to modification?

Apr 19, 2022 | Alimony

According to Florida case law as of the date of this article, lump sum alimony is not subject to modification: “Lump sum alimony vests at the time of entry of the final judgment and is not subject to modification. Philipose v. Philipose, 431 So.2d 698 (Fla. 2d...

Does joint use of income create a marital asset?

Apr 14, 2022 | Alimony, Marital Assets

According to Florida case law as of the date of this article, joint use of income from non-marital property does not entirely transform the property itself into a marital asset where one spouse deposited the rental income checks into her own personal bank accounts,...

What is the definition of special equity in divorce?

Apr 12, 2022 | Alimony

According to the case law as of the date of this article, in determining alimony, special equity is a vested property interest brought into the marriage or acquired during the marriage because of a contribution of services or funds over and above normal marital...

Are rental property owned prior to marriage marital assets?

Apr 5, 2022 | Alimony, Marital Assets

According to Florida case law as of the date of this article, rental properties owned prior to the marriage and never in any way gifted to the other spouse were nonmarital assets: “In determining whether certain property is a marital asset, the question is not which...