Like it or not, you are a negotiator. Everyone negotiates some issue at least once a day. Negotiation is the means by which we communicate with others to get what we want. The back and forth banter is designed to reach an agreement. Why are some of us so much better at this than others? When you and the other side have a shared interest and others that are opposed, how do you bridge the…

In the case of  BROOKS v. BROOKS, 239 So. 3d 758 (Fla. 1st DCA 2018) .The First DCA clearly lays out the standards that must be met in order to subpoena a party’s personal medical and psychological records in a divorce proceeding.  it held that the trial departed from the essential requirements of law when it required the husband to produce for in-camera inspection his medical, psychotherapist, and pharmacy records subpoenaed by the Wife where…

All retirement benefits that accrued from the date you say I do until the date one of the spouses filed for divorce is a marital asset. If you had a retirement account prior to marriage, you need to contact your HR department or your plan and ask them to calculate the marital portion of your account giving them the date of marriage and date of filing a petition for divorce. You will also likely need…

Often it is better to request alimony or agree that payments for the sale of a business or home are to be lump-sum alimony to protect yourself in case the party that is required to pay you your half upon sale defaults. This quandary is illustrated in the case below. The Husband failed to pay the Wife her 50% share of the business upon sale and the DCA overturned the trial courts characterization of the…

Naples and Ft. Myers Family Law Attorney, Elizabeth Wolt won an award of temporary spousal support for a Wife that earned more than her husband where the husband was living in a supportive relationship. She was able to show need of the Wife and ability of the Husband to pay. See Rosa V. Rosa Collier Case No. 17-DR-1301…

This is an often asked question. Florida is an equitable Distribution State. That usually means that all assets and all liabilities acquired from the date you say “I do” until the date one of the spouses files a Petition for a Dissolution of Marriage, no matter whether titled jointly or in one of the parties names is a marital asset or liability. It needs to be valued and split. Attorneys and the courts endeavor to value…

In PEREZ v. PEREZ, 238 So. 3d 422  (Fla. 5th DCA) 2018 The DCA overturned a Final Judgment of Dissolution of Marriage finding error in distributing or valuing property that had been deeded to the parties’ son; and also finding error in awarding alimony without making findings regarding wife’s need and husband’s ability to pay. Full opinion follows: (PER CURIAM.) Orlando Perez (“Husband”) claims that the trial court erred in its distribution of marital assets and alimony determination set forth…