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What a Florida Court Considers as Income in a Divorce Case

Orlando Female Attorney Beryl Thompson-McClary

A common concern for divorcing spouses is the ability for each to afford a divorce and to be financially independent from their spouse.  There are many details of a divorce case that consider the income of each spouse, such as spousal support, equitable division, and child support.  Hence, it is highly recommended that you and your spouse accurately provide details as to your respective incomes.  

One of the key details to consider regarding the calculation of income is the difference between your gross and net income.  In a divorce case, the court is considers an individual’s net income, as provided in more detail below.  This includes your gross income minus deductions that are allowed per statutory law.  For instance, this net amount is provided on your tax return and can provide you with an accurate gross income along with each deduction to determine the proper net income amount.

However, if you need to perform a present calculation of your net income during a divorce case, which is highly recommended, you must determine your gross income. This includes anything that provides you with a source of monetary benefit. Under Florida law, gross income includes any form of salary, bonuses, hourly wages, overtime pay, commissions, or tips received by a parent, whether employed outside of the home, self-employed or contracted.  Benefits received from worker’s compensation, pensions, annuities, disability, or social security are also included as income for purposes of a Florida divorce case. Income also includes rental income, spousal support payments, interest, royalties, dividends, trusts, or any other type of gain or reimbursement.  

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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