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Miami Divorce Law Blog

Update on Florida alimony law: Earlier Senate bill revised

We last visited Florida's alimony law -- described by some as harsh, antiquated and in need of significant adjustments -- in a November 21, 2011, blog post. There was a flurry of legislative activity going on at that time, with identical bills being introduced into the state's House of Representatives and Senate that sought to make material changes to existing law.

In the interim, the Senate has acted and, after consideration and debate of the original bills, coupled with testimony from interested groups, made some changes to SB 748 that dilute some of the language in the earlier bill and buttress judicial discretion in certain areas.

Older women divorcing at historically high rates

A recent report released by the National Center for Family and Marriage states that one in every four divorces filed is between couples over the age of 50. That number is more than double the 1990 statistics concerning divorce. An AARP study also shows that the majority of those divorces are instigated by women. The numbers indicate there may be a growing expiration date on marriage for many couples.

In the past, couples often divorced because of money problems or infidelity. Although that certainly remains true, the reasons have changed for a significant number of couples as the baby boomer era has progressed.

Ex-football star Owens cites money woes, has child support adjusted

In some ways, the financial rise and fall of professional athletes, especially as it relates to something like their ability to pay child support, is not all that different from more "normal" people.

Excepting for the stark contrast that word "normal" invokes in comparison to their stories. High-profile athletes who get paid for a living sometimes hit hard times in the same manner that other people do -- they lose jobs, make bad investments, get a bad divorce outcome and so forth. That can materially affect their ability to continue making payments in an amount that was once easy for them.

Domestic violence bill passes Senate panel, awaits floor vote

The United States Senate last week approved legislation that would recognize domestic violence in the LGBT community and apply the same rules to it as those governing domestic abuse among traditional couples. The legislation is a step toward bolstering the protections of victims of domestic violence and preventing it from happening.

Named the Violence Against Women Reauthorization Act, the bill is an update to the initial law first passed in 1994. It was approved on a 10-8 party line vote. Domestic violence experts note that the bill will set aside grant money to fund programs supporting victims of sexual assault crimes, and it will provide better training to police and other officials to help them identify potential high-risk offenders.

Nagging: As potentially fatal to a marriage as adultery or violence

Experts agree that nagging can be as lethal to a marriage as adultery or abuse, and can destroy the relationship, leading it down the path to divorce.

In a recent study, one professor said nagging is a prime contributor to divorce, and can actually cause two people to fall out of love with each other. The study, conducted by Dr. Howard Markman, University of Denver, concludes strongly that couples should discuss problems, instead of resorting to nagging, which often serves to destroy communication.

Dealing with a mortgage in a divorce

Divorce commentators are increasingly pointing to one aspect of marital dissolution in Florida and across the country that is often quite different for separating spouses these days than it was formerly.

Namely, that is this: Until the recent and lingering recession, couples often argued over the specific property division question of who would get to keep title to the home. In the past couple years, though, the argument has increasingly shifted to the question of who will continue to be responsible for paying down the mortgage.

From Florida to Arkansas, alimony reform is on the agenda

Alimony reform seems under full steam in many states throughout the country, and the debate surrounding it is rife with complexities.

Florida is often cited as a state where there is aggressive agitation for reform. In a prior blog post (November 21, 2011), we chronicled the developments relating to Florida Senate Bill 748 and its parallel legislation in the House, HB 549.

Report: Growing financial upside for many women post-divorce

In years past, research strongly indicated that women who divorced usually suffered financial crisis, while the man's income increased. Times are changing. In a recent report released by Pew Research, a Washington, D.C., organization that has a pulse on changing social issues, divorced women are not suffering the financial setbacks or stigma with which they were once branded.

It was not that long ago that most women were housekeepers, with many of them being flatly dependent on their husbands, who typically brought in the only income for a family. Today, a divorce is easier than ever to get, society doesn't make a big deal of it and, with successful careers on the rise for women, many prefer to be single.

Feds augment child support collection efforts with deadbeat website

The term "deadbeat parents" is well understood by most providers in Florida and other states who fulfill their family responsibilities by caring adequately for their children. There are certainly situations in which loving and well-intentioned parents simply run into difficulties providing agreed-upon child support payments for their children -- for example, illness or a lost job. Circumstances such as these, however, do not often thrust a non-custodial parent with support duties into the realm of deadbeat parent.

Thinking about, making life following divorce optimally fulfilling

Divorce, with attendant issues that can include child custody, child support, property division and other matters, can be problematic even under the most agreeable terms, but life after divorce does not have to be. Setting your intentions early on following a divorce can help you reach goals, stay positive and find happiness.

Research indicates that January is the most popular month for American couples to file for a divorce. There are a host of reasons for that -- to spare telling children during the holidays, to not associate divorce with the holidays, or to begin a different life with the start of a new year.

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