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?
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,...
Can you get a money judgment for non-payment of alimony?
According to Florida case law as of the date of this article, a trial court may award a money judgment for default as a remedy for non-payment of spousal support, although contempt is the usual remedy: "The remedies available to enforce payment depend on the...
Is texting grounds for a domestic violence injunction?
According to Florida case law as of the date of this article, uncivil behavior or annoyance is not sufficient to obtain an injunction against domestic violence: "While the prior incidents of domestic violence were relevant to provide context to the history of and...
Is alimony modified retroactively?
According to Florida case law as of the date of this article, there is a presumption that modification should be made retroactively: "Retroactivity is the rule rather than the exception. Acosta v. Renta, 84 So.3d 1223, 1226 (Fla. 3d DCA 2012) (citing DeSantis v....
Can a spouse extend the duration of alimony payments?
According to Florida case law, and statutory law, as of the date of this article, the court can extend the duration of alimony payments even though the statute does not explicitly say this is allowed: "The trial court ruled that section 61.14, Florida Statutes (2003),...