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May 2017 Archives

Parental responsibility and custody rights for disabled parents

One state representative is seeking custody rights for parents who are disabled. He feels that parental responsibility is not shared fairly with disabled parents in a divorce, and he wants to put an end to it. The man adds that whether a judge purposely shuns the disabled parent or does it subconsciously, it is an unfair practice. Although this state representative is not from Florida, the outcome could affect the state's disabled citizens and their children.

Military benefits during divorce clarified by justices

In a recent decision from the Supreme Court, it was stated that a state cannot increase the amount that a former spouse gets from a veteran's military retirement pay in certain circumstances. This cannot be done in order to make up for any loss of benefits that the spouse may experience, if that loss is because the veteran filed a waiver to receive disability pay. When such a waiver is filed and accepted, the veteran's military benefits are decreased in order to keep the veteran from receiving double benefits. This decision affects those military members residing in Florida and other states.

Building a prenup with property division in mind

Many people hold to misunderstandings about a prenuptial agreement. Some see it as bad luck or an omen that the marriage will not last, while others think that such a document is only for high-net-worth couples. A prenup is actually agreed upon by both parties to decide how the couple's assets would be divided in the event of a divorce. Florida is known as an equitable distribution state, meaning that marital property is divided fairly in a divorce, though not necessarily equally. If the couple has a valid prenup, that contract would control. 

Unfunded trusts in estate planning

Most people who have a trust are made aware that it needs to be funded in order for it to work as it should. In fact, most estate planning attorneys stress the importance of funding the trust several times throughout the process of setting it up. There are still some people, however, who -- for whatever reason -- forget to fund the trust once the trust document is in place. What can someone in Florida or another jurisdiction do with an unfunded trust?

Military divorce: what are service member rights?

For those who are in the military, divorce may seem like a complicated process. What are the service member rights for those going through a divorce? Where does one even file for a military divorce? For the thousands of military personnel in Florida, these questions may be all too valid.

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