Is entireties property presumed to be a marital asset?
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...
What is the definition of dwelling in a Florida divorce?
According to Florida case law as of the date of this article, when determining whether a stereo is considered "furniture, furnishings, and equipment contained in the dwelling house" a "dwelling house" is broadly defined as the apartment or building or group of...
Is Past-Due Alimony a Vested Property Right?
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. Past-due...
Is lump sum alimony subject to modification?
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 DCA...
Does joint use of income create a marital asset?
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? Florida Case Law
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...
Is frequently calling the police domestic violence?
According to Florida case law as of the date of this article, frequently called law enforcement officers to complain about another party merely for harassment purposes is not domestic violence: "the crime of “harassment” does not include filing reports and complaints...
Are rental property owned prior to marriage 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...
What is a Substantial Change of Circumstances in Alimony?
According to Florida case law as of the date of this article, a substantial change of circumstances is defined as a change that is material, involuntary, permanent, and unanticipated at the entry of final judgment. Here, the court had a rehabilitative alimony plan in...
Is cyberstalking a form of domestic violence?
According to Florida case law as of the date of this article, cyberstalking is a form of domestic violence against which a person may obtain an injunction: “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words,...