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Recent Blog Posts

What happens to your pension in a divorce?

By Paul E. Riffel |

Pensions are also subject to equitable distribution. The pension earned during the marriage is a marital asset and the pension earned prior to marriage would be considered a non-marital asset. Therefore, one generally needs to look at the value of the pension at or about the date of marriage to determine what is the… Read More »

How assets and liabilities are valued in a divorce?

By Paul E. Riffel |

How does the court determine how much the assets are worth? Or how much the liabilities cost? This is why valuation of assets and liabilities is an important issue in a divorce. There can be three valuation dates of marital assets and liabilities: – First is the
date of separation of the parties. This is… Read More »

What happens to your home in a divorce?

By Paul E. Riffel |

Marital homes are usually one of the largest assets, and this is a problematic one since it is not a divisible asset like a pension or checking account. The court has the power to award one spouse exclusive use and possession of the marital home. This generally happens if the primary caretaker of the… Read More »

How are assets and liabilities divided in a divorce?

By Paul E. Riffel |

After a court identifies the characteristic of all assets and liabilities, the court must distribute those assets and liabilities fairly after considering the following factors: The contribution to the marriage by each spouse. The economic circumstances of the parties. The duration of the marriage. Any interruption of personal careers or educational opportunities of either… Read More »

Difference between marital assets and liabilities – and non-marital assets and liabilities

By Paul E. Riffel |

Equitable distribution deals with the dividing up of assets and liabilities. The court must first identify what is a non- marital asset and liability and what is a marital asset and liability. A marital asset or liability is defined as being incurred during the marriage, either individually or jointly. In addition to this, enhancement… Read More »

How do you pay child support in Florida?

By Paul E. Riffel |

Child support is usually paid through the State Disbursement Unit in Tallahassee, and this protects both the payor and the payee. A record is kept and can be accessed at any time showing what payments have been received by the SDU and disbursed to the payee. The payor has to pay a small fee… Read More »

How is child support established in Florida?

By Paul E. Riffel |

Both parents have an equal duty to support their children. You need to know that the right to support belongs to the child, and it may not be waived or contracted away by a parent. The court must set child support pursuant the guideline amount – calculated by using a formula – unless it… Read More »

How is child support calculated in Florida?

By Paul E. Riffel |

Child support is set by Florida statute 61.30, which uses a formula based upon the parties’ income, health insurance costs for themselves and for the child, as well as any day care or after-school costs. All of these numbers are put into a formula, and child support is calculated. There are two types of… Read More »

Florida’s “parents and divorce” course

By Paul E. Riffel |

During a divorce, all parties with minor children are required to attend a “parents and divorce” course approved by the Florida Department of Children and Families before entry of the Final Judgment of Dissolution of Marriage. I recommend that you take this course as quickly as possible because it will help you navigate through… Read More »

Coming up with a parenting plan for post-divorce

By Paul E. Riffel |

Currently, Florida law requires that the court prepare a Parenting Plan, which is a detailed time-sharing schedule. In this Parenting Plan, time-sharing is dealt with along with the division of holidays, extracurricular activities and travel issues. There are many different parenting plan forms floating around on the Internet for your review, and the Florida… Read More »

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