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Fort Myers Divorce Law Blog

Could filing for divorce affect my taxes?

When people work through the divorce process, an array of questions and challenges may arise. In Florida, separating from a spouse can cause stress and result in each party financially in various ways. For example, your marital property may be split up, or you may be forced to pay spousal support. However, it is crucial to be aware of other ways that splitting up with your spouse could impact you, such as affecting your taxes.

Divorce can indeed result in a number of obligations when it comes to your taxes, according to the Internal Revenue Service. For example, if you changed your last name, you have to make sure that it matches your name as it is listed in the Social Security Administration’s records, or your refund could be delayed. If you received alimony, also referred to as spousal support, you should also understand that payments received are taxable. On the other hand, if you are obligated to make alimony payments, you should know that these payments can be deducted.

When pets are valuable: Your asset division matters

What happens if your pet is more than just a pet? Your dog is a champion and brings in an income. You train him hard and breed your other pets as well. You make thousands this way, but how will the courts address this?

When you're going through a high-asset divorce that relies on an income from your pets, you should know that your pets are still going to be treated as assets. They may be addressed as business assets if you have a business license or started a breeding business with your spouse. In cases where the dog is simply a marital asset, then it may be divided as such. How can you make sure you get what you deserve when you're dealing with such a valuable pet?

Reviewing the pros and cons of a prenup

When it comes to marriage, there are a number of individual considerations that are unique to a couple. For example, some couples tie the knot with a relatively modest income, while others get married with significant assets. In Lee County, Florida, and across the U.S., it is important for couples to carefully review their situation and figure out what is best for them. At Fried and Fried, we know how difficult it can be for those who are engaged to deal with prenuptial agreements. As a result, taking a look at the benefits and potential drawbacks of a premarital agreement may be helpful.

With a prenup, you may be able to protect your property, which could be especially important if you have a high net worth or considerable assets. By knowing that your property is protected, you may have more confidence and trust when it comes to your marriage, as well as mental freedom. Moreover, your partner may also find satisfaction with the sense of trust and security that premarital agreements can provide.

Can prenups have a negative impact on child support?

When it comes to prenuptial agreements, you may have an array of considerations to mull over, such as how your property will be divided with your other spouse. In Lee County, and other regions in the state of Florida, some couples who have signed a prenuptial agreement wonder if the contract will affect them in other ways, such as their ability to receive child support or the amount they will be ordered to pay.

For parents who are going through the divorce process, daily life can be tricky. However, they should understand their legal rights and try to make things less difficult for their kids. According to the Florida Legislature, a prenuptial agreement cannot have a negative impact on a child’s right to receiving child support. In other words, children are eligible to receive child support they need regardless of whether or not their parents signed a prenuptial agreement.

Managing emotions that arise during a custody dispute

For both parents and children, the emotional toll of divorce can be significant. However, there are ways that parents in Lee County and all across the state of Florida can make these stressful issues easier for children, as well as themselves. At Fried and Fried, we know how beneficial it can be for parents to properly manage their emotions during disputes which involve child custody.

As a parent, disagreements concerning the custody of your child or children can be very challenging. Whether you are worried about being able to spend enough time with your children or do not believe that your child’s other parent should have custody, you may have a great deal of stress, depression or even anger while working through these matters in court. However, if you are able to work on managing your emotions well, you may be able to present yourself better in the courtroom and increase the chances of a more favorable outcome.

What happens to prenups with void marriages?

When it comes to marriage, divorce and prenuptial agreements, people often have an array of considerations to mull over. In Lee County, and cities over all of Florida, some couples may disagree over whether a prenuptial agreement is appropriate, while others may run into problems with the enforcement of a prenup once they have decided to split up. In some cases, prenups can also be affected by marriages that have been deemed void.

When a marriage has been deemed void, or invalid, a prenuptial agreement that was in place may still be enforced, according to the Florida Senate. However, the enforcement of a prenup under these conditions will only take place to avoid an unfair outcome. There are various reasons why a marriage may be considered void and if you or your partner are seeking an annulment, it is important to look into how your premarital contract could be impacted, if you signed one.

Authorities apprehend a dozen over back child support

When a father is unable to pay child support, he may be facing various problems. In addition to the stress and depression that may come with unpaid child support, the father could be going through a hard time financially. Perhaps he lost his job or experienced an emergency that came out of left field. In Lee County, and across all counties in the state of Florida, fathers who are in this tough situation should not push off addressing their circumstances. After all, back child support can have very serious ramifications.

Law enforcement officials in North Carolina recently took a dozen people into custody due to failure to pay child support. The arrests, which were conducted early in the morning, were part of a sweep that was named 'Operation Pay Up.' Law enforcement officials claim that a number of those who were taken into custody had been trying to evade authorities.

4 reasons you may want to consider a prenup

You got married in 1998 and divorced in 2011. You're now considering a second marriage. Since it's a bit later on in life, you're bringing a lot more assets to the table, with a net worth that is now over $1,000,000. You're proud of what you've accomplished and you want to protect yourself moving forward.

Should you consider a prenuptial agreement? It may help you protect what is yours if you eventually get divorced -- something that you know is possible, based on your own experiences. Four reasons to at least consider having the document drafted include:

What is a batterer’s intervention program?

When someone is served an injunction due to allegations of domestic violence, their life many change in various ways. For example, they may be unable to come within a certain distance of their marital partner for a set period of time or for the rest of their life. In Lee County, and regions throughout Florida, temporary and final injunctions can affect the lives of those accused of domestic violence in other ways. In some cases, they may be required to take part in a batterer’s intervention program.

According to the Florida Legislature, respondents who have been served a domestic violence injunction may be required to attend a batterer’s intervention program, under certain circumstances. For example, if a respondent has been served a previous domestic violence injunction or is convicted of an offense involving violent threats, the court will have them attend an intervention program. Furthermore, people are required to attend batterer’s intervention programs if they willingly violate a domestic violence injunction.

Talking to your fiancé about a prenup

Whether a couple finds themselves in an argument or one person is unsure of whether they should sign a prenuptial agreement, prenups can have an impact on couples in various ways. If you do not know if the prenuptial agreement you have been asked to sign is fair, or are unsure if your spouse wants to sign, it may be helpful to talk with them. At Fried and Fried, P.A., our Florida law firm knows how disagreements over prenups can affect couples in Lee County and all over the Sunshine State.

Talking to your fiancé can be helpful for many reasons. If your prospective marital partner is undecided on signing a prenup, you may be able to alleviate their concerns and work toward a result that is mutually beneficial. Or, if you have questions about the prenup or think that some of the terms contained in the contract are unfair, it is essential to address these issues prior to signing. Moreover, there should never be any coercion regarding the signing of premarital agreements.

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