Articles and topics covering Florida divorce law, lawyers, attorneys, and law firms in Orlando, Florida (FL) and the counties of Orange County, Brevard County, Polk County, Osceola County, Seminole County, and Lake Counties for uncontested divorces and contested divorces with marital assets and high net worth cases such as doctors, CEOs, entrepreneurs.

How is the Custody of a Pet Determined in a Florida Divorce Case?

Who gets the dog or cat in a Florida divorce?

Many people value their pet as they do their own children.  Hence, during a divorce, the custody of a pet can become a source of debate between the parties.  However, some question as to whether a court can provide or even enforce an order addressing the custody of a pet in a divorce case.  In Florida, there is no law that addresses the custody of a pet however, courts typically categorize and divorce them in a divorce matter as they would any other type of property.  

Specifically, Florida law dictates that property is subject to equitable distribution, which means that the property or pet in question will need to be identified as either separate or marital property.  If the pet was obtained by a single spouse before the marriage took place, it may be asserted that it should remain with him or her post-divorce. However, the other spouse may claim that marital funds were used to support the needs of a pet and therefore, it should be considered marital property.  If it is determined that the pet is marital property, then the court will attempt to equitably “divide” the pet.  Most often, the judge is likely to award one the beloved pet to one of the spouses, which can be very painful for the other spouse to endure.  The good news is that the parties can develop an agreement that allows each spouse to spend a certain amount of time with the pet, which may include the times in which the pet will be with each partner, the manner of exchange, and the determination as to who will cover the pet’s expenses.

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

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Am I Entitled to Alimony in My Florida Divorce Case?

High net worth divorce attorney in Orlando, Florida

Being financially secure is one of the main concerns when pursuing a divorce in Florida.  If you and your spouse shared certain assets and liabilities for a certain period of time, it may be overwhelming to consider what your financial status will look like after a divorce.  This financial uncertainty commonly results in spouses considering whether they are entitled to receive spousal support, also known as alimony.  

In Florida, there is no specific formula by which spousal support is calculated as with child support.  Rather, the court must first determine whether there is a need and an ability to pay.  This standard is rather ambiguous and showing a need for spousal support can be a complicated process. Notwithstanding, the first and most important step is to complete a financial affidavit, which lists all of your monthly expenses, income, liabilities and assets.  Each party must individually provide for this information and attest to its accuracy within forty five days of service of the initial petition for dissolution.  It is important that you keep this information current during your divorce proceeding, as you may find out that your needs have changed as you contemplate the additional expenses and loss of potential income that comes with a divorce.  

Overall, the need for spousal support is typically found when there is a deficit between the income of a spouse and the expenses. The larger this deficit, the more likely you have a case for spousal support. However, you must establish that the other spouse can support this need.  If their financial affidavit is complete, you can analyze it to determine whether there is a deficit or surplus.  If there is a surplus, then you would likely meet the threshold of need and ability to pay.

Regardless of whether a financial affidavit demonstrates a surplus or deficit, the court is afforded broad discretion when ascertaining the needs and ability to pay of each partner.  For example, evidence of infidelity, age of each party, length of the marriage, health of each party, earning capacity and income of each partner, standard of living established during the marriage, and contribution to the marriage are all relevant when determining spousal support. 

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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Will I be able to Remain as a Stay at Home Parent After My Divorce is Finalized?

Child Support Lawyer in Orlando Florida

A common concern of those who have been a stay at home parent is if they are able to continue in this role once their divorce case has been finalized. Nearly 20% of parents fulfill the stay at home parent role.  For a party to a marriage that stayed at home, he or she may have been out of work for a significant period of time, or he or she may not wish to obtain a job outside of the home.  In this view, they may be worried that they will be unable to support themselves financially once the divorce case is complete.  

In Florida, spousal support, also known as alimony, is awarded on a case-by-case basis after a consideration of a party’s needs and the other party’s ability to support their needs.  When a spouse has been a stay at home parent, he or she has been absent from the workforce, which is why it is clear why they would have a deficit between their income and necessary expenses.   With such a deficit, the court may find that there is an apparent need for spousal support.  However, the court must also establish that the other party has the means necessary to support this need.

If this initial threshold has been met, the court will then examine a number of different factors provided in Florida Statutes Section 61.08 which include the following:  the length of the marriage, the standard of living established, the age and health of the parties, earning capacities, and contribution of each individual to the marriage, which includes child care and homemaking.  

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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The Types of Alimony in Florida Divorce Cases

Orlando Alimony Lawyer

Without a prenuptial agreement providing for the terms of spousal support upon divorce, individuals need to contemplate the potential for paying alimony to their spouses. Under Florida Statutes Section 61.08, there are four types of alimony in Florida, which include:

  • Bridge-the-gap alimony – this is awarded to provide one spouse with support to enable him or her to transition from being married to being single.  It is payable to a spouse for legitimate, identifiable, short-term needs and may not exceed two years.
  • Rehabilitative alimony – this is awarded to help one spouse establish the ability to support themselves through the redevelopment of education, skills, work experience or training.  This is to be part of a specific and defined plan and is not intended to be a long-term obligation.
  • Durational alimony – this is awarded to a spouse when permanent alimony is unwarranted, given the specific set of circumstances.  This is paid to provide one spouse with economic assistance for a certain period of time following a marriage.
  • Permanent alimony – this is awarded to provide for the necessities and needs of life as they were established during a marriage to a spouse who does not have the financial ability to meet their needs following a divorce.  This type of support is typically awarded in cases involving long-term marriages (seventeen years or more). It is typically not appropriate in short-term marriages (less than seven years) and will be awarded only in a certain number of limited circumstances. 

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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Is there a Relationship Between Divorces and Prenuptial Agreements?

Contact Orlando Attorney Beryl Thompson-McClary

Many people scoff at the thought of a prenuptial agreement, which is associated with many less than positive thoughts and feelings. Specifically, they believe that a prenuptial agreement means that they will likely get divorced.  However, research provides that the manner in which each spouse views a prenuptial agreement is actually a more consistent factor in a couple’s ability to stay married. 

Pursuant to research examining marriages, one consistent factor that can predict a couple’s likelihood of divorce is how each individual views marriage and divorce and the role of a prenuptial agreement.   For example, if your partner believes that marriage is for the long haul that requires work each day, and that divorce is the last resort, they are more likely to look upon a prenuptial agreement in a more favorable light.  However, if divorce is viewed as a method of resolving conflict and that a marriage is simply a title that can easily be removed, they may view a prenuptial agreement as something that should provide a detailed guideline for their divorce.  

In light of the above, it is important for both partners to share the same ideas on these topics, which is critical to the development of a prenuptial agreement and ultimately your marriage.  That is why it is highly recommended that the above topics are discussed with your partner before the marriage takes place, as even the slightest difference of opinion in the early stage of your relationship may become a point of contention later on.

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801

Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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The Necessity of Depositions in Florida Divorce Cases

Orlando Divorce Attorney

If you are facing a divorce matter, you may be faced with a discovery tactic known as a deposition.  These are conducted by your attorney as well as your spouse’s attorney, where testimony is provided by experts, witnesses, or the parties, under oath. This tool is documented by a court reporter, and may be used later in court.  The purpose of a deposition is to obtain additional details that relate to your divorce case.  Keep in mind however, depositions can be time consuming and may significantly increase your costs.  This is why some question the necessity of depositions in divorce cases.

There are a number of instances where almost everyone would admit that depositions are necessary.  This includes where a party did not fully disclose all relevant information through other discovery means such as requests for production or interrogatories. As noted above, you are placed under oath during a deposition, and the party being deposed must answer every question.  Attorneys may raise objections where the court will rule on them later on, however, each party subject to a deposition must respond to the questions being asked of them.  

Another reason why a deposition may be necessary is when there are several experts with differing opinions.  For example, if one party is stating that he or she is unable to work, or there are questions as to what is in a child’s best interest, each spouse can rely on experts to testify as to their respective positions.  Overall, a deposition allows your lawyer to obtain a full picture of the qualifications and analysis of each expert in order to prepare for trial. 

Call the Law Offices of Beryl Thompson-McClary P.A. Today

We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties.  To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.

Beryl Thompson-McClary

390 N. Orange Ave., Suite #2300
Orlando, Florida 32801
Tel: 1-888-640-2999
Open: 8 AM to 5 PM or by appointment

Google Maps / Cell Phone Directions |  Email Us

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Mediation vs. Collaborative Divorce in the State of Florida

High net worth divorce attorney in Orlando, Florida

Collaborative divorce is a new concept for many individuals.  It is a process that functions as early intervention in disputes and is pursued to avoid costly litigation of a Florida divorce case.  Due to its similarities with mediation, many people assume that it is the same thing as collaborative divorce.  While the two are similar and both are used to resolve contested issues in a divorce case, there are a number of key differences.

The most fundamental difference is that with a collaborative divorce, both parties are present and accompanied by legal counsel during the process.  The attorney serves to manage conflicts and ensure that that his or her client have knowledge of his or her rights and obligations.  In mediation, however, the parties are typically not represented by legal counsel and are therefore negotiating their divorce case without the benefit of a Florida Family Law Attorney’s knowledge and advice,

Also, mediation is a singular event, which means that the process is completed in one day, whether it is successful or not.  Collaborative law allows for numerous sessions and is flexible if the parties’ strategies chance. Otherwise stated, there is the opportunity for the parties to fine tune their agenda during a collaborative divorce case rather than through mediation.  

Lastly, the timing of the event is a major difference where the parties to a divorce case choose mediation right before going to trial.  They have already spent a significant amount of money to prepare for litigation and are pursuing mediation as a last ditch effort to avoid having a judge determine the outcome.  This often makes the parties reluctant to compromise.  Accordingly, a collaborative divorce focuses on resolution and settlement rather than litigation and can aid the parties in coming up with an appropriate agreement and settlement.  It ca also help the parties maintain a working relationship which is civil and not adversarial.  This is essential when children are involved.

Attorney Beryl Thompson-McClary has more than 28 years of divorce law experience in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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The Calculation of Child Support in a Florida Divorce

Orlando Female Attorney Beryl Thompson-McClary

The State of Florida determined that the best way to ascertain how much child support an individual should pay is to have a table within the child support statute that provides the guidelines for calculating the proper amount. Before these guidelines, there was no consistency, rhyme, or reason for the amount of child support that parents were required to pay.  

The child support guidelines are premised upon a specific mathematical formula that takes into consideration each parent’s respective income and the amount of children involved.  The guidelines include a worksheet that guides you through the parent’s health insurance costs and other things that are deducted from a parent’s income.  It also walks you through deducting income tax and takes into consideration the amount of alimony paid from one parent to another.  Furthermore, it takes into account the cost of day care, the child’s health insurance, and other miscellaneous factors to arrive at a proper child support amount that ensures that the child or children’s needs are sufficiently met.  

While the child support guidelines are surely a cost saving device by divorcing parents and attorneys alike, there are still areas that are contested.  For instance, if one parent isn’t working up to his or her potential, the court can impute income to that individual and determine a proper child support amount as if he or she is fully employed.

While the child support guidelines are meant to simplify the process of calculating child support in a Florida divorce, it is still important to work with Florida Family Law Attorney who will have a specific software program that ensures accuracy and streamlines the process.  Since child support is paid until the child or children of the divorcing couple reach the age of majority, it is critical to make sure that the amount of child support is accurate.  

If you are contemplating a divorce in Florida involving high-net-worth or high-value assets, you need a skilled Florida divorce lawyer who knows the system. Attorney Beryl Thompson-McClary has 28 years of litigation experience and is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando office at (888) 640-2999. 

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Calculating Child Support in Florida Military Divorce Cases

Orlando Divorce Attorney

It can be challenging in terms of calculating the income of a military parent, which causes inimitable child support issues to occur in Florida military divorce matters.  Income for Florida child support cases is much broader when compared to what the IRS deems as income.

Factors Included in the Calculation of Military Child Support 

  • BAH and BAS – a military parent is often shocked to find out that the State of Florida considers their Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH) when determining an appropriate amount of child support.  While the IRS does not tax a person’s BAS and BAH, they may be considered in a child support calculation.  According to Florida law, food and housing are taken into account when coming up with a proper child support amount.   The parent who isn’t in the military should hire a Florida Military Divorce Attorney who understands BAS and BAH benefits and develop a valuation of same using of the methods below:
  • Real Estate Appraisal – the lawyer for the parent who is not in the military should consider working with a real estate appraiser who can come up with a fair value of the monthly rent of the property and the amount for utilities.  
    • A calculation of BAS and BAH foregone by the military parent – a Florida Military Divorce Attorney for a parent who is not in the military may come up with a BAS and BAH would have been if the military parent resides off of the base.
  • Per Diem – a parent who is in the military is also entitled to pay per diem, known as per-diem pay, which is a sum of money received each day to address certain costs.  Per-diem pay can also be taken into account when calculation a reasonable child support amount, so long as it decreases the military’s parents living costs.
  • Child Support and VA Benefits – when calculating child support, the recipient’s VA disability benefits are considered income in the State of Florida.  Keep in mind that the parent who is not in the military cannot obtain these benefits stemming from the property division state of the divorce matter.
  • Combat and hazard pay – the income of a military parent may rise due to his or her combat zone and hazard pay, which is not subject to federal income taxation.  This increase in the amount of pay may cause the child support amount to go up, especially if there a change in time-sharing as a result of deployment. 

Attorney Beryl Thompson-McClary has 28 years of Florida Divorce Law experience and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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Why Florida High Net Worth Divorces Tend to be Complicated

Orlando Divorce Attorney

While all couples going through a divorce will undoubtedly find the process stressful, high net worth individuals run into several issues that the average person usually does not need to consider. 

Division of Large Assets in Florida Divorces

One of the things that complicates high net worth divorces more than others is the presence of numerous large assets. High net worth individuals tend to have more than one home, land, multiple vehicles, and one or more businesses to consider when dividing their assets. Florida follows the law of equitable distribution, meaning courts will divide martial property (as opposed to nonmarital property) in the fairest — but not necessarily completely equal — way. 

Marital homes and vehicles will be divided in the same fashion as other divorces, but businesses take more time and require more work to resolve. Before you can start dividing a business, you have to place a value on it. The leading method for valuing a Florida business during a divorce is hiring a specialist. Most often, this task will be performed by a forensic certified public accountant (CPA), who will appraise the value of the business by examining a number of factors, including:

  1. Nature of the business
  2. Size of the business
  3. Properties owned by the business
  4. Financial records
  5. Business accounts
  6. Business reputation and good will

After examining all the relevant aspects of the business, the CPA can use a fair market valuation (based on what an everyday buyer might offer in a sale) or an investment valuation (based on what a knowledgeable industry buyer might offer in a sale). The CPA can rely predominately on the business’ present income, its potential for future earnings, the value of comparable business, and/or a straight calculation of the business’ assets minus its liabilities. 

Once the value has been assigned, the court overseeing your divorce will order a division of the business by liquidating it, awarded it solely to one spouse with a possible cash or property offset to the other spouse, or awarded an interest in the business to both spouses. Especially when a couple has multiple businesses to tackle in their divorce, this whole process can be extremely contentious. 

Payment of Alimony

High net worth individuals have a greater likelihood of having orders to paying alimony in their divorce agreements. Florida law provides for four different types of alimony, which the court will order based on the particular circumstances of the marriage. 

  1. Bridge-the-gap alimony – Bridge-the-gap alimony is awarded to assist one spouse by providing support to allow him or her to make a transition from being married to being single. It is paid for the purpose of legitimate, identifiable short-term needs and may not exceed two years in duration.
  • Rehabilitative alimony – Rehabilitative alimony is awarded to assist one spouse in establishing the capacity for self-support through redevelopment of skills, education, training, or work experience. It must be part of a specific and defined plan and is intended to be short-term in nature.
  • Durational alimony – Durational alimony is awarded when permanent alimony might not be appropriate. It is paid to provide a spouse with economic assistance for a set period of time following a marriage. 
  • Permanent alimony – Permanent alimony is awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a spouse who lacks the financial ability to meet his or her needs and necessities of life following a divorce. Permanent alimony is generally reserved for long-term marriages (17 years or longer) and will be awarded for short-term marriages (less than 7 years) only in exceptional circumstances. 

In considering whether one spouse needs to pay alimony to the other, the court will look at several aspects of the marriage, including:

  1. The duration of the marriage;
  2. The standard of living established during the marriage;
  3. Any infidelity in the marriage;
  4. The age and physical/emotional condition of each spouse;
  5. The financial resources of each party, including BOTH marital and nonmarital assets;
  6. The earning capacity, education, vocational skills, and employability of each spouse;
  7. The contribution of each spouse to the marriage, including homemaking services, child care, education, and career building of the other spouse;
  8. The responsibilities each spouse will bear with regard to any minor children;
  9. The tax treatment and consequences to both spouses of any alimony;
  10. All sources of income available to both spouses, including income from investments and assets.

Payment of Child Support

Any couple with minor children will have to consider payment of child support upon their divorce. But in high net worth divorces, support and custody agreements can become a more complicated issue because of the parents’ substantial resources and the unique opportunities present to the children. 

Child support is ordered for minor children based on the needs of the children, including any special needs a child might have, the resources of parents, and the standard of living the children would have enjoyed if the marriage remained in tact. Courts do not want children to experience an economic disadvantage because of their parents’ decision to divorce.

Florida has guidelines set out in Statute 61.30 that determine a presumptive amount of child support based on the combined income of the parents. The scale ranges from a combined income of $800 per month to $10,000 per month, and courts have some leeway in stepping outside these guidelines (usually only by 5 percent), depending on the circumstances. For parents whose income exceeds the guidelines, the court will have to calculate child support based on a statutory formula, which makes things a little trickier. 

Potential Media Involvement

When high net worth individuals divorce, another thing that tends to complicate matters is the media following these people might have. Celebrities, athletes, and high-profile business owners will have to try to resolve their marital disputes under a camera lens, dodging articles that try to shed light on what happened and who is getting what.

In a media-intense divorce, it is more important than ever to maintain transparency between the spouses and confidentiality as to the rest of the world. The last thing you need during this time is to read on the internet that your spouse has more assets than you thought, or your spouse was unfaithful during the marriage. Being honest and proactive will help you avoid a frustrating run with the media. 

The Importance of Hiring Counsel 

The best thing you can do for yourself during this stressful time is hiring an experienced attorney who will protect you, your assets, your family, and your privacy. This is not a time to go it alone, especially if you end up requiring a trial to completely sort things out. 

If you are contemplating a divorce in Florida involving high-value assets, you need a skilled lawyer who knows the system. Attorney Beryl Thompson-McClary has 28 years of litigation experience and is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando office at (888) 640-2999. 

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