Author Archives: Jay Butchko
Classifying and Dividing Marital Property in Florida
The Sunshine State, like most other jurisdictions, is an equitable division state. The final divorce order, whether a judge enters it or the parties submit an agreed order, must equitably divide marital property. That rule seems straightforward, but in most cases, it isn’t. A premarital agreement eliminates most of the subtle complexities which are… Read More »
Five Escalating Signs of PAS
Emotional changes in a divorce are usually inevitable and temporary. Parental Alienation Syndrome is different. These emotional changes are neither inevitable nor temporary. The alienating parent, who’s usually the primary residential parent, tries to emotionally separate the child from the targeted parent, who’s usually the non primary parent. Parental kidnapping, which is rare but… Read More »
Enforcing Alimony Payments in Florida
Many people have many questions about alimony enforcement in Florida, especially after the law radically changed in 2023. This law ended permanent alimony and made some other changes that alimony reformers tried and failed to enact previously. However, these changes didn’t affect the major alimony enforcement options, which are outlined below. Usually, alimony payments… Read More »
The Seven Emotional Stages of Divorce
We aren’t mental health professionals. But we’ve seen so many divorces over the years that we’re very familiar with the emotional fallout these individuals experience. The stages of divorce vary slightly, usually depending on what ended the marriage (a slow-fade divorce or an unexpected adultery or other sudden trauma), the presence of minor children,… Read More »
Special Procedural Issues in a Gray Divorce Case
Most over-55 divorce cases end the same way. Over 90 percent of civil cases settle out of court. But the road to a settlement in a gray divorce case is much different than the road to a settlement in other divorce matters. These matters involve unique financial and emotional matters. Financially, many older couples… Read More »
Florida Alimony Reform in 2023, Part II
In part one of this riveting series, we examined reforms to the types of alimony in Florida. In this post, we’ll look at changes to the factors that determine the amount and duration of payments. The end of permanent alimony, which we discussed in Part I, was the most contentious part of the alimony… Read More »
Florida Alimony Reform in 2023, Part I
In June 2023, Florida Governor Ron DeSantis signed a measure that limits judicial discretion in alimony cases. SB 1416 was Senator Joe Gruters’ (R-Sarasota) third attempt at passing alimony reform. In 2021, he unexpectedly withdrew his measure 10 days prior to the end of session following a fierce debate on the child-sharing provision in… Read More »
Dividing Marital Property In A Florida Divorce
Like most other jurisdictions, the Sunshine State is an equitable division state. When a couple divorces, the court must equitably divide marital property, including both debts and assets. In this context, equitably isn’t always the same thing as equally. The court must divide marital assets so the divorce isn’t an unfair financial burden on… Read More »
Non-Guideline Child Support In Florida
The Sunshine State, like most other jurisdictions, is an income share child support state. In most cases, a complex formula determines the monthly child support obligation. The major factors in this formula are the combined income of the parents, the timeshare arrangement, specifically the number of overnight visitations, and the number of children before… Read More »
Resolving Divorce Matters In Palm Beach County
Out-of-court settlements are the best way to resolve divorce cases in Palm Beach County. the main reason fewer than 10 percent of divorce cases go to trial. These resolutions reduce legal fees, give the litigants more control over the outcome, and set the table for a successful co-parenting relationship. The major out-of-court resolutions are… Read More »
