Did you know there was such a thing as permanent alimony? Florida permanent alimony is periodic payments of financial support paid to an ex-spouse for an indefinite duration. The purpose of Florida’s permanent alimony law is not to divide future income. Further, permanent alimony is typically only awarded upon the divorce of a long-term marriage.

Alimony is a payment made by one spouse to another based on the needs of each party and their ability to pay. Alimony varies a great deal, based on duration, amount, and purpose. The amount of alimony varies a great deal from case to case. That is why you should hire an experienced family law attorney to make your case for you.

Permanent alimony in Florida is appropriate when a party in the marriage cannot meet their needs and necessities of life following a divorce. The needs and necessities of life of that party are determined by the standard of living during the marriage. Therefore, the employment history, income, and expenses of each party will be significant factors in a Florida alimony case.

We said that alimony is awarded in the case of a long term marriage. How long does the court consider a long term marriage? Generally speaking, it is a minimum of 17 years. That is determined from the day of the marriage to day of filing for the dissolution of marriage.

If your spouse has been awarded permanent alimony, and your or the other person’s situation has changed significantly, you may be able to ask the court for a modification of orders.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Getting a divorce can be an extremely difficult time when everything is going well. It can be even more some when one of the parties has difficulty earning a living. In some cases, one of the parties to a marriage has forgone pursuing a career to support his or her spouse or may have left the workforce early to raise a family or manage the marital home.  Certainly, in this case, it may make sense that the primary wage earner be of assistance to the homemaker.

The law that governs the way marriages end recognize this fact and provide for an equitable distribution of the marital assets upon dissolution.  Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay.  This type of arrangement is referred to as “alimony” by Florida law but can also be called “spousal support” or “maintenance.”  There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.  Which kind of alimony is appropriate to request can sometimes be difficult to decide on your own.

If the court decides to award alimony to either party, it can consider all relevant factors, including the following:  1) standard of living the couple enjoyed during the marriage; 2) How long the marriage lasted; 3) Each party’s age and physical condition; 4) Each party’s financial resources, including the distribution of marital and non-marital assets and debts; 5) Each party’s contribution to the marriage, including caring for children, caring for the home, education, and career building of the other party; 6) The earning potential, education, job skills, and employability of both parties and the time it would take either to obtain education or training that would allow either party to obtain employment; 7) Each party’s responsibility with respect to children; 8) All sources of income available to either party; and 9) Any other factor necessary to achieve equity and justice between the parties.

Because it may be difficult to determine how the court will rule in a particular set of circumstances, you should have a consultation with Ty Zdravko to discuss your situation.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Things change. Circumstances change. If after a certain amount of time has passes since your divorce you find that your situation has changed to the point that modification of orders makes sense, you can apply for a modification of orders.

Often orders which may have been previously entered by the Court will have to be modified over the years to deal with the changing circumstances of the family. If they do, a stipulation (agreement) may be drafted, signed by the parties, and submitted to the Court to effect the modification.

If you disagree with the decision reached after your trial, you can file an “appeal.” An “appeal” is a request to have a higher court change or reverse a judgment of a lower court.

When you appeal, the entire case is reviewed by a higher court. The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made. An appeal doesn’t allow you to re-do your trial. You won’t be able to submit new evidence. The appeals judge will only look at what you submitted to the trial judge. Depending on what the appeals court decides, it can set aside, confirm, or modify the trial court’s judgment and could even order a new trial.

Obviously this process can be expensive and extensive. Before you launch into something like this, you should have a discussion with a qualified attorney.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

This is one of the most difficult decisions you will ever make. And a part that makes it even more difficult is the once you puller the trigger, you probably can’t go back. You probably can’t get the Jeanie back in the bottle. Shall we stay together for the kids? While this is not one I’m a big fan of, it is not one you can dismiss easily. Are you staying together for financial reasons. While you will probably be happier outside of a difficult situation even with less money, it may be that you are concerned that you can’t support yourself on your own. There are some things to consider when making this decision.

Have You Talked It Over?

While this may seem like a silly question, perhaps you didn’t express your fears in a way that was understood by your spouse.

Can This Be Fixed?

Is it possible that you can work in a spirit of cooperation to work on the issues? Of course you will both have to work on it. You can make changes yourself, but you can’t change the other person. If you believe that nothing will change no matter how much work you put in, then it’s fair to weigh divorce as an option.

Would You Be Happier After a Divorce?

You may have forgotten, but being alone is lonesome and no bed of roses either. This is a question that you find difficult to answer, but your answer should be clear to you before you pull the trigger.

Are You Ready For What Is Coming?

Divorce is a terrible nasty ordeal.  In addition, divorce can change your financial situation. Are you prepared for these difficult aspects of the process?

One way to help you determine your best option is to speak with an attorney who has helped others with divorce and can guide you on what your next step should be. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

In a recent Florida divorce case, one of the parties was requesting alimony from the other. Testimony revealed that the couple had lived together for several years before the marriage. The question was raised as to whether living together was relevant to the alimony issue.

The court case was Taylor v. Davis, 1D20-561 (Fla. 1st DCA July 15, 2021).

Florida law is clear that legal rights and duties arise from marriage, not cohabitation or romance. Because there were no exceptional circumstances supporting permanent alimony for a short-term marriage.

Because same sex marriage has only been legal for a relatively short time, it is a common situation that same sex couples may have lived together for a long time but have only been married for a short time. Because of these circumstances, it is a good idea for same sex couples to consider a prenuptial agreement to protect themselves, all thing considered.

If you are considering a marriage or a divorce, you should have a consultation with Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Owning a business brings an additional challenge to getting a divorce. You have 3 options.

You could continue to run the business as co-owners. This probably doesn’t sound good to most people. If the relations are strained between you and your ex, working together might be a less than ideal way to live your life.

You could sell the business. This is probably not the choice that most people want because your business might be something that is really important to you – your baby. Who wants to sell something you are very fond of.

You could buy your spouse out. This is the ideal choice if there are adequate resources to make this happen. It may be the you get the business and the spouse gets everything else.

Then there is the problem of establishing a value. Your spouse is going to take the position that the business is extremely valuable, while you may have a more realistic view of it’s current value. You will probably have to hire someone to place a value on the business, that that is likely  to be someone’s opinion can be somewhat subjective.  One needs to be careful that you don’t give up your share of the assets in order to hold onto a business that may not survive or be sustainable. Unfortunately business owners sometimes have an unrealistic expectation for the rosy future of the business.

Perhaps you should make an appointment with Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

When you think of domestic violence you usually assume that the woman is the victim. What if the man is the victim. The man is the victim 10 percent of the time, according to National Domestic Violence Hotline. Male victims have the same rights and resources as female victims.

Violence and abuse can come in many different forms. It have have a very negative effect on the victim. Even verbal abuse can take its toll. The victim may not be able to recover until they are removed from the situation. It may not be easy to get out from under an abusive wife. There are a number of things that can drag you back into the situation.

You need to have a plan and some good advice. You should meet with a divorce attorney and have them help you with a plan. It is not a good idea to share your plan with your abusive spouse. If you do they are likely to use the information to manipulate the situation.

The first step is to open a separate bank account and start handling your money separately. The goal is not to hide money or try to avoid full disclosure. Your attorney will tell you the steps that you can take without violating any divorce laws or principals.

If there are children involved, that makes things even more complicated. You need to determine if your abusive wife is a risk to the children. Once you have moved out of the family home, you should avoid communicating with your ex spouse directly if possible. You can communicate through your attorney.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorce is full of complications. Here’s one you may not have thought of. You may have coverage together, and you may have to find new insurance separately. And the separate coverage for the two of you is probably going to be more expensive than the shared coverage.

Spouses commonly maintain health insurance coverage on one or the other’s employer plans, typically choosing the option that makes the most sense for their personal medical needs.

If you are the health insurance policyholder, it is important to remind your spouse that they going to have to either find a new policy, which can include single-person coverage through:

. Employee policies available through their work
. Private insurance coverage
. Federal COBRA coverage, which allows their ex-spouse’s insurance coverage to remain intact at a direct cost for up to 36 months

If you have children, their coverage will be determined as part of the child custody and child support measures within the divorce decision.

Car, Homeowner, or Rental Insurance
If you are the spouse who is moving away from the shared home during the divorce proceedings, it is important to update your records with your car insurance company, so you are covered in the event of property damage while living at your new place.

If you have teenage or young adult children who are insured under your car insurance policy, talk to the insurance company about whose policy will offer the better coverage going forward, based on where the child spends the most time. S/he may need to be to be listed on both policies.

Likewise, homeowner’s or renter’s insurance is a necessary part of life. If you and your spouse are divorcing, the person who moves is going to need a separate policy for the car and the new home — even if the space is a temporary living arrangement.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

One of the most troubling part of a divorce is the child custody arrangements. Usually the judge asks that the parties work out a custody arrangement through mediation, and if that fails, the arrangements are set by the court. Bu what can you do when the other party doesn’t live up to the arrangements?

The best way to determine if there has been a violation of your parenting plan agreement is to talk with our experienced family law attorney  to understand whether a well-defined legal violation has occurred.

Violations can occur when one parent:

. Extends their time-sharing hours beyond the agreement and without permission from the other parent
. Threatens that they will not return the child at all
. Refuses to pay their share of expenses, even though all documentation/receipts have been submitted
. Allows the children to spend time with parties who have been prohibited by the court from visiting them
. Divulges negative information/comments about the other parent regularly
. Exposes the children to dangerous or immoral situations

After speaking with our accomplished  family law attorney, we will outline the process of seeking enforcement of the court-ordered parenting plan, so you know exactly what to expect when we take your case before a judge.

We will establish the evidentiary requirements necessary to establish contempt, and seek the immediate enforcement of your parenting plan, so you can ensure your children’s safety and success remains paramount in their upbringing — no matter where they are spending time.

If you believe your ex-spouse or ex-partner has violated the Florida parenting plan agreement you have in place, contact our office.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Splitting a pension with your ex spouse may not be something you thought about when you got married, but it is a definite reality. A pension is a marital asset, and that portion of the pension that was accrued during the time that you were married generally needs to be split with your ex spouse.

A pension earned by one spouse is usually considered a joint asset, as are other retirement accounts, such as 401(k)s, 403(b)s and IRAs, though state laws govern the latter. Usually, whatever is earned prior to the marriage remains individual property, while what is earned during the marriage is considered a joint asset.

However, the divisions of pensions in a divorce isn’t always a cut-and-dry situation. For one, unless you are actively receiving a pension (and thus know the exact details of the payment amount and frequency), it can be difficult to pin down its exact value.

Additionally, while a pension is usually considered a joint marital asset, that doesn’t mean it’s always split 50/50. The exact amount varies according to each state’s law and how much of the pension was earned during the marriage. But it’s important to remember that if you and your spouse signed a prenuptial agreement protecting your pension plan, your pension remains yours.

If you have a military or government pension, these are governed by their own specific set of rules and may not be subjected to the same rules when splitting your assets in a divorce.

If you are going to get a divorce, this is one of the items that you will need to discuss with your attorney. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.