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Orlando Divorce Law Blog

Alimony reform gets the axe from Florida Governor

Readers of the blog, spousal support payers and advocates of alimony reform may have heard that Governor Rick Scott recently vetoed a state senate bill that would have done away with Florida's highly controversial permanent alimony law.

Just hours before the midnight, May 1st deadline to veto laws passed by the legislature, the Governor exercised his veto power to undo years of concerned Florida citizens, legislators and advocates' hard work to bring alimony reform to a U.S. states that still requires some divorced people to pay their ex for their entire lifetime. Had signed the bill into law, it would have become effective on May 1st, and would have allowed thousands of Florida alimony payers to re-negotiate the structure of their separation agreement. Advocates of the bill argued in part that the gap in earning capacity and traditional familial roles is decreasing, making permanent alimony an unnecessary relic.

Dwyane Wade divorce settlement details uncovered

The NBA playoffs are in full swing and people in Florida are closely watching the Miami Heat try to make another run for an NBA title. But another fight is raging off the court for one of the Heat's most popular stars, Dwyane Wade, as he deals with the fallout from a contentious divorce.

Despite his intent to keep the media out of his personal affairs, things have spiraled somewhat out of control as the scandal and mudslinging by his ex-wife continues. It was recently revealed that Wade is required to pay his ex at least $25,000 a month in alimony, and an additional $10,000 a month for travel and other expenses.

Child custody disputes are between parents, not kids

There are a million things that can get under your skin in a divorce. Emotions can get the better of people and anger or resentment can cloud anyone's judgment. This is especially true for divorcing parents, who have to deal with the issue of child custody during the divorce proceeding. It may feel like a battle for the very children themselves, but the outcome is seldom this black and white.

Under Florida law, there are numerous child custody arrangements available, and parents can agree to have the time sharing and visitation schedules tailored to meet their unique situations. This is negotiated as part of the parenting agreement, which will largely dictate the time each parent can spend with the child, including week-to-week schedules and special occasions like holidays and vacations.

New state bills could give elderly reason to divorce

People in Florida may have heard about two new bills in the Florida state legislature which would address the situation of determining Medicaid eligibility when one elderly spouse requires nursing home aid. If these new laws pass, elderly married couples who require nursing home care might be better off getting a divorce than having their assets completely depleted in order to pay for this extremely expensive care. People get divorced for all sorts of reasons, of course, but some believe that any bill that would entice elderly couples to divorce for financial reasons is not good public policy.

It is true that people get divorced for countless reasons, and not all of them are emotionally-driven. Sometimes people get divorced for practical reasons, which may not have anything to do with falling out of love or other romance-related concerns. For these married couples, divorce resolution is an excellent way to end a marriage quickly and on their own terms.

Alimony reform gets stamp of approval from legislature

Earlier this month the Florida Senate moved to approve a controversial alimony reform bill, which would put an end to permanent alimony within the state. Advocates, including a group called Florida for Alimony Reform, have been working for the past several years to block a judge's ability to require a divorced person to pay their spouse alimony for the duration of the spouse's life, and are cheering the Senate's approval of the new bill. The bill still has to be approved by the Florida House before it becomes law.

In addition to ending permanent alimony, the bill would cut the judge's discretion by capping spousal maintenance awards based on the length of the marriage and the income and earning capacity of the parties. However, the bill does provide the court the authority to stray from alimony guidelines in "special circumstances," a vague standard which will have to be interpreted by the courts.

Ex-NFL star Stewart divorcing reality TV star wife

Florida has its share of famous and infamous movie stars, athletes and celebrities, and plenty of headlines about these people when their marriages fall apart. One celebrity divorce came out of a neighboring state last month, when ex-NFL star Kordell Stewart filed for divorce from his wife of two years, who stars in the popular reality show "Real Housewives of Atlanta."

In his divorce filing he stated that there are no marital assets to divide and asked that neither party be required to pay spousal support. He allegedly has a prenuptial agreement, but depending on the terms of it, the court may still order him to pay some alimony as part of the divorce settlement.

CEO's divorce settlement could be worth billions

Harold and Sue Ann Hamm are not household names to some to Orlando, Florida residents, but for Orlando shareholders of Continental Resources, an Oklahoma-based oil services corporation, their divorce will be as closely followed as anything in the news. In fact, experts are anticipating that this divorce settlement could be the biggest in history, and could easily reach billions of dollars by the time it is all said and done. Shareholders are understandably anxious about the divorce, as it could result in a liquidation of shares and other shakeups in the governance of the company.

Other notable high net worth divorces include Rupert Murdoch's split from his wife in 1999, which totaled $1.7 billion, a figure that could be surpassed by the impending Hamm divorce settlement. Harold Hamm's business holdings in Continental are worth an estimated $11 billion, and with over 126 million shares of company stock, he controls 68% of the company's shares.

Stress of divorce on children manifests in many ways

People in Florida may have seen a recent article about the stress of divorce in families with children, and how there may be a correlation between being a smoker and being a child of a divorced family. A recent study showed that the likelihood of a child smoking rose 48 percent for boys whose parents were divorced, and 39 percent for girls. In addition to smoking increases, children of divorce also had higher depression rates and lower educational levels.

Most people don't need a study to know that divorce can be a rough time which can lead to people coping by developing negative or undesirable behaviors. Children are particularly vulnerable in a divorce, when their whole world can be turned upside down. When parents are going through a divorce, they should always consider their children's well-being and, whenever possible, develop a time sharing child custody arrangement that makes the child feel loved and supported.

Is hiring an attorney for a divorce money well spent?

Readers of this blog have seen a lot of articles about how important it is to get one's finances in a row both before, and, of course, during a divorce. The separation agreement a person signs can be pivotal in determining the course of that person's financial future. This is especially true in Florida, one of the only states that still requires some people to pay alimony for their spouse's entire lifetime.

Of course people want to save money, but people should never compromise when it comes to getting the best legal representation available. People who have an amicable divorce and want a quick resolution might be tempted to take shortcuts, or even do it themselves, but this can prove disastrous, especially in a high net worth divorce.

What is your home worth in a divorce?

stand to keep or lose in their particular situation. For most people, especially those in a high net worth divorce, their home is among their most valuable assets. Finding out what it's objectively worth is a critical part of the property division process, and should be given careful consideration when it comes to deciding which assets to keep or negotiate with.

To find the most accurate measure of a home's worth, people should hire an appraiser to do the job. However, other, less exact methods exist that may do in a pinch if both parties agree to the chosen method. They would include doing a comparative market analysis, where similarly situated properties are evaluated and averaged to estimate what your property is worth. There are also free online valuation tools, but these are usually worth what you pay for them.

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