Author Archives: Jay Butchko
What is the Difference Between Marital and Nonmarital Property in a Divorce?
Anyone who will be getting divorced in the Tampa area should learn about the difference between marital and nonmarital property, and what those differences will mean for their divorce. Under Florida law, only marital property is divided in a divorce whereas nonmarital property is not divided (and remains with the spouse who owns it)…. Read More »
How Does Equitable Distribution Work in a Florida Divorce?
If you are planning for a divorce in Florida, it is important to know that, unless you and your spouse reach a full agreement about the distribution of all marital assets and liabilities, then the court will look to Florida law to decide what an appropriate division of your property will entail. Florida is… Read More »
Who Pays Taxes on Alimony After a Divorce?
In a divorce in the Tampa area in which one of the spouses seeks alimony, the court will first determine whether any type of alimony award is appropriate. If the court determines that alimony is appropriate under the parties’ circumstances, then it will look at a wide range of factors to decide the type… Read More »
How Will My Premarital Agreement Impact My Divorce?
Did you have a premarital agreement in place with your spouse, and are you currently considering a divorce in Florida? If so, it will be important to understand the effect of your premarital agreement on your divorce case. Assuming that your premarital agreement is enforceable, you will likely have agreed to certain terms concerning… Read More »
How Inheritances Are Classified During Divorce in Florida
Divorce proceedings in Florida often involve the complex division of assets, and one area that frequently raises questions is how inheritances are treated. Unlike many other assets acquired during a marriage, inheritances have specific rules under Florida law regarding their classification and distribution. Marital vs. Non-Marital Property Florida follows the principle of equitable distribution, meaning… Read More »
When Is a QDRO Necessary in a Divorce Proceeding?
Divorce proceedings often involve the division of marital assets, including retirement accounts and pensions. However, dividing these assets isn’t as simple as splitting a bank account. In many cases, a Qualified Domestic Relations Order (QDRO) is necessary to properly allocate retirement benefits between spouses. Understanding when a QDRO is required can help ensure a… Read More »
Dissipation of Marital Assets in Florida: A Legal Overview
Dissipation of marital assets is a significant issue in many Florida divorce cases. It occurs when one spouse intentionally wastes, depletes, or misuses marital property, often to deprive the other spouse of their fair share in the divorce settlement. Understanding how Florida law addresses this issue can help divorcing parties protect their rights and… Read More »
Understanding Vacuum Jurisdiction in Florida Child Custody Matters
In the realm of child custody disputes, “vacuum jurisdiction” refers to a situation where no state has a clear claim of jurisdiction over a child under existing legal frameworks. This issue often arises in cases involving families that move frequently, reside across multiple states, or fail to establish a clear “home state” for the… Read More »
Understanding the 10-10 Rule in a Military Divorce
Military divorces involve unique considerations that differ from civilian divorces, particularly regarding the division of military retirement benefits. One such rule is the “10-10 rule,” a term frequently encountered in this context. Understanding this rule is crucial for military service members and their spouses navigating the complexities of divorce. What Is the 10-10 Rule?… Read More »
Dividing Vacation Properties in a Florida Divorce: What You Need to Know
Dividing assets in a divorce can be challenging, especially when it comes to vacation properties. These homes often carry sentimental value and represent significant financial investments. In Florida, a state governed by equitable distribution laws, dividing vacation properties during a divorce involves legal and emotional considerations. Here’s a guide to understanding how this process works…. Read More »