By Rebecca Zung, Esq.

After months or even years of toughing it out, hanging in, late-night fights or frights and maybe even couples’ counseling, you’ve started thinking about the unthinkable — the “D” word.

Here are a few things that commonly arise in divorce cases and a brief overview of current Florida law.

Equitable distribution

Courts divide the marital property in a divorce by equitable distribution. Three “piles” are created: his, hers and theirs. The his and hers pile are nonmarital assets that belonged to the husband or wife before marriage, or perhaps was a gift or inheritance received during the marriage, which was kept separate and apart from the marital assets.

The “theirs” pile is what is “equitably” distributed. Remember, equitable does not always mean equal! The court can consider a number of factors that make an unequal distribution of assets appropriate.

If one or both parties have a business, it might be necessary to determine fair market value, if the business either was formed during the marriage or was grown within the context of the marriage.

Alimony

This is a family-law four-letter word, but one that warrants examination. There are several types, with “permanent” alimony being the most well-known. Florida law provides reasons why one spouse should pay and why the other one should receive alimony, including need and the ability to meet that need. Unlike child support, there are no set guidelines for alimony. (They might be coming; stay tuned.)

Parenting plan

There is no such thing as “custody” in Florida law anymore. Both mother and father are entitled, barring extenuating circumstances, to timesharing and participation in the big decisions such as education and health care. However, there are many ways to formulate a parenting plan.

Child support

Florida statute provides clear guidelines on child support, based on combined income and number of children, plus number of overnight stays with each parent outlined in the parenting plan. Small issue can arise, such as determining a person’s true income, child care expenses or insurance premiums.

These are the most common issues that arise in divorces.

A fair application of the law combined with reasonable parties will allow everyone to move forward.

Rebecca Zung, a family law attorney, is a founding partner of the Law Office of Zung Clough, PLLC in Naples. As a divorce authority, she helps clients transform and rebuild their lives. Her book, “Breaking Free: A Step-by-Step Divorce Guide to Emotional, Physical and Spiritual Freedom,” is available on amazon.com. Contact Zung at ZungFamilyLaw.com or rzung@zungfamilylaw.com.

More From Rebecca's Blog
4 Things That Hurt a Narcissist More Than Indifference

4 Things That Hurt a Narcissist More Than Indifference

By Rebecca Zung, Esq. I know you think that narcissists are hurt by indifference and that they could not stand being ignored, this is true, but I have something that will hurt them even more--things that drive them to the edge. Today, I will give you the four things...

read more
What is Narcissistic Baiting?

What is Narcissistic Baiting?

Baiting is a technique that all narcissists use to provoke a reaction from their victims. It is a way to get people reeled in. What they want is that hit or high. We call that narcissistic supply. It is a way of feeding their ego and feeding their need to feel...

read more
Early Red Flags of Narcissists

Early Red Flags of Narcissists

Have you been in a relationship with a narcissist, or trying to get out of one? There are three major stages of narcissistic abuse. It starts with Love Bombing, then goes into Devaluing, and finally the Discard phase. In this article, we will go in-depth into the Love...

read more
6 Little Known Narcissistic Manipulation Tactics

6 Little Known Narcissistic Manipulation Tactics

We all know that narcissists manipulate, but here are six manipulation tactics that they use that you might not be familiar with. I want to highlight 6 of these tactics so that when they try to pull this type of stunt on you, you will be able to spot it and shoot them...

read more
Previous
Next
Facebook
Twitter
YouTube
Instagram