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Grandma

Can Grandparents Petition for Visitation Rights in Florida?

By Hamilton O’Neill |

Many children form special bonds with their grandparents. Indeed, in many cases, a grandparent may act as a surrogate parent for their grandchild. But what happens when a grandparent loses visitation rights with a grandchild following a parent’s divorce or death? Can the grandparent ask a Florida court to award them visitation rights? Under… Read More »

DrWoman

Doctors Have Special Needs in a Florida Divorce

By Hamilton O’Neill |

Medicine is a demanding field, and many doctors end up getting divorced due to stress or disagreements with their spouse. Whatever the reason for divorce, doctors and related medical professionals need proper legal advice. The reality is that you face potential landmines if you do not preserve client information as part of your divorce,… Read More »

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Who Benefits from Divorce Mediation?

By Hamilton O’Neill |

Mediation plays an increasingly important role in many Miami divorces. This type of dispute resolution can sometimes allow men and women to put aside their differences and find common ground on child custody, alimony, or other issues. Florida courts require couples to attend mediation, whether they want to go or not. But is mediation… Read More »

OlderCouple

Remarriage After 50: Legal Considerations

By Hamilton O’Neill |

It’s never too late to find love, and many men and women are eager for another trip down the aisle. With a little more life experience, a second or third marriage can be the best you have ever had. But getting remarried later in life also raises some complications, which our clients should think… Read More »

FamilyLaw2

Can You Include Child Support in a Premarital Agreement?

By Hamilton O’Neill |

Couples use premarital agreements to provide predictability in the event of divorce. Men and women can waive any future right to alimony, as well as decide what property or assets will be considered marital and subject to division upon divorce. However, Florida law is very clear that you cannot impair a child’s right to… Read More »

AssetsSplit

When is a Gift Your Separate Property?

By Hamilton O’Neill |

Dividing marital property is a difficult task, especially for couples with a high net worth. Nonetheless, some basic principles apply which make characterizing property as “marital” or “separate” easier. One rule applies to gifts. Generally, any gift you receive is your separate property, even if you received the gift while married. That means you… Read More »

DividingMoneyDiv

How Do You Divide a Military Pension in a Florida Divorce?

By Hamilton O’Neill |

One of the trickier aspects of dividing marital property in a Florida divorce case is dealing with a spouse’s pension. Florida is an equitable distribution state, which does not always mandate a strict 50/50 split of assets. More to the point, determining how much of a pension is considered “marital property” requires a careful… Read More »

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Do Florida’s 2023 Alimony Changes Apply Retroactively?

By Hamilton O’Neill |

On July 1, 2023, a new alimony law took effect in Florida. Among other things, the 2023 law abolished awards of permanent alimony and limited durational alimony in short-term marriages to 50 percent of the length of the marriage. In other words, if a marriage lasted 4 years, a Florida judge can now award… Read More »

Alimony_Divorce

Are You “Voluntarily Underemployed” If You Trade Self-Employment for a Lower-Paying Regular Job?

By Hamilton O’Neill |

In Florida high net worth divorce cases, it is quite common for one party to accuse the other of intentionally earning less money in order to reduce potential alimony or child support obligations. Of course, mere allegations are insufficient. Florida law requires “competent, substantial evidence” to support such allegations. Florida Appeals Court Reverses Decision… Read More »

Separate

Can You Get a Legal Separation in Florida?

By Hamilton O’Neill |

Ending a marriage can be a complex process, especially for high net worth couples. That is why many couples facing a breakdown of their marriage instead opt for separation while stopping short of divorce. It is important to understand the potential legal implications of separation, however, especially if you and your spouse intend for… Read More »