At Mark Lang & Associates, we handle many different types of family and divorce law cases. This can include anything from a high asset divorce, to child custody. Clients who come to us to manage marital and family law issues know that we will work diligently on their behalf, with the goal of improving their emotional, legal and financial well-being.
That is why we want to provide answers to some of the commonly asked questions regarding divorce law.
Alimony Forgiveness
Question: When a former husband falls behind on his alimony payments and the former wife files a motion for contempt, can a judge reduce the amount due because the former husband can’t pay it?
Answer: No, according to the 4th District Court of Appeal in Strochak v. Strochak, decided on May 13, 2015. A judge can only reduce future alimony due and only if the former husband files a Supplemental Petition for Modification, effective as of the date of filing.
The right of a former wife to payment of alimony and child support is vested. However, a judge can decide not to hold a former husband in contempt, and can set a payment schedule for the arrears that the former husband can pay.
Dissipation of Assets
Question: Does one spouse get more than half of the assets where the other spouse sells property (like guns and jewelry) during the divorce, but spends the money on existing expenses?
Answer: No, according to the 4th District Court of Appeal in Platt v. Platt, decided May 13, 2015.
Even individual debts are joint debts during a marriage. Any money spent on luxury living is a joint expense, even up to the date of final divorce. Only if a spouse spends the money on a paramour or some other purpose clearly unrelated to the marriage, does the other spouse get “paid back” out of the other side’s half of the assets.
Divorce can one of the most stressful and costly times in a person's life, but a qualified Winter Park divorce attorney can help the process by ensuring you have all the proper information and explaining every step and facet of the process to you before you make decisions that could negatively impact the rest of your life.
We believe you should bring in a divorce lawyer as soon as you know divorce is eminent, even before papers of any kind have been filed. But if at any point, you realize you're in over your head or you feel your spouse is being unreasonable in his or her demands, it's never too late to get an attorney involved. If you need an experienced divorce attorney in Winter Park, Florida, call Mark Lang & Associates at (407) 599-4433.