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Can a spouse take half a life insurance policy?

A question that often arises in a divorce action is what is done with insurance policies. Many Florida residents may wonder whether they can claim a portion of a former spouse's life insurance policy during property division if they are listed as the beneficiary of the policy.

A term life insurance policy pay out at death. That means that while the policy holder is alive, there is no value or little value to the policy and nothing to distribute as part of the divorce. A named beneficiary has no right to claim the policy proceeds during the life of the insured. The right to collect does not mature until the policyholder dies without changing the beneficiary. One way for a spouse to take advantage of this type of policy is to ask the insured to transfer the policy. That way, the spouse can take over the payments, name the beneficiary as that person or children of the marriage and collect the benefit.

In Florida, fathers have no rights to children born of rape

On April 30, the Florida legislature unanimously passed a bill that would prevent a convicted rapist from exercising any custody rights over a child that is born as a result of the sexual assault committed upon the child's mother. The bill previously passed the Senate. It will be presented to Governor Christie for a signature prior to becoming law.

Currently, 19 states have laws that allow a mother whose child was conceived as a result of rape or incest to terminate the biological father's legal custody. A federal appeals court has ruled that there is nothing in the United States Constitution that prevents a state from penalizing a man by terminating his parental rights when a child is born as a result of his criminal behavior.

Mako enters patent agreement with Stanmore

Mako Surgical Corp entered into a settlement with Stanmore Implants Worldwide Ltd. over a patent dispute. The settlement denoted that Mako will receive Stanmore's robotic business assets as well as its intellectual property. Furthermore, Mako has agreed to drop its patent-infringement litigation in two federal courts and the U.S. International Trade Commission, and Stanmore will withdraw from robotics.

The dispute between Mako and Stanmore revolved around computerized surgical devices and software. Mako is a Florida-based company, and Stanmore is a London-based company that received U.S. regulatory approval to market one of its products that is used for knee surgery. Stanmore's Sculptor Robotic Guidance Arm competed with Mako's RIO Robotic Arm Interactive Orthopetic system. By securing the property division of its competitor, Mako has effectively taken a potential robotic competitor off the market, says an analyst.

Concerns facing high-wage earners in a marriage

It is generally the case that men have the higher income in a marriage. However, there is a trend that shows women are sometimes equal to or passing their husband's earning power in approximately 16 percent of households. Such changing facts are creating new property division issues.

If an upcoming marriage is between two high-wage earners, it might be wise to create a prenuptial agreement that spells out exactly which spouse owns certain property and assets. If the couple is already married, a postnuptial agreement may be signed as well. While some people might view this as insulting, experts say couples should take it as a sign of mutual regard between the couple. Should the marriage end in divorce, everyone involved was done a financial service.

Some real estate agencies address common divorce issues

Many sellers in the Florida real estate market make up a niche that has become a specialty for some agencies. Couples going through a divorce often face challenges beyond those experienced by other sellers. The division of marital property can be contentious, and the different types of conflicts can have an effect on home showings, offers from prospective buyers and price negotiations.

One of the problems experienced by real-estate agents is the relative comfort of each selling party. A female agent may find it difficult to communicate with the man. Specialty agencies sometimes use a team in order to bypass communication problems. Another problem common to divorcing couples is the fact that buyers who know of the divorce are far more likely to make lower offers, according to one managing director at a major real-estate firm. An agent sensitive to this reality has a number of options to prevent low offers.

With great prize winnings comes great responsibility

Most Florida residents would likely consider a $338 million jackpot to be a boon, but for the New Jersey man who won the March 23 drawing, the big win has also drawn the attention of law enforcement officials in the state and no small amount of public scrutiny regarding an allegedly shirked responsibility. The man is reportedly on the hook for $29,000 in back child support, and law enforcement officials have noted that he is potentially subject to arrest if he doesn't pay what he owes.

The man has reportedly opted for a lump sum, which will ultimately come out to $211 million, still a respectable chunk of change. The drawing proved to be a lucky one for individuals in several states, including a $2 million Power Play winner in Iowa; Match 5 players won $1 million each in 11 states, including Florida. In all, over $30 million in non-jackpot prizes were awarded in the national drawing, and the jackpot is down to $50 million for the next drawing.

Understanding property division during divorce

Although divorce is common today, many couples who have decided to end a relationship have no idea where to begin once the decision is made. They are unsure what happens to their property and assets when the petition to divorce is filed. Those who have assets that they inherited or brought into the marriage may be worried that the division of marital property ordered by family court will force them to split assets that are solely in their name.

Generally, however, a court will not consider separate assets in the division of property during divorce proceedings, so individuals will retain their rightful property. However, experts caution that many people make the mistake of putting an inheritance or assets and property acquired prior to a marriage in the names of both themselves and their spouse. If this happens, the property or assets in question become joint marital property and will be divided accordingly. This is considered transmutation of property. Be warned however, that laws vary from state to state, and in some jurisdictions, an estranged spouse living on the property is enough to consider it marital property.

Florida alimony laws may be changing

Proponents of changing alimony laws in Florida are getting closer to reaching that goal. The alimony reform bill has passed two House committees and a committee in the Senate in the state capitol, indicating that the bill is getting closer to becoming law. The implications of passing the bill are significant as existing alimony settlements may be reworked.

The current laws in Florida allow alimony in certain circumstances. The court weighs several factors before awarding alimony, including the length of the marriage, level of education and earning power of each spouse. Current laws allow for a permanent award for alimony. The proposed bill would set stricter guidelines and end permanent alimony. The representative who is backing the bill believes that it is time to change the alimony structure because the family structure has changed over time. Opponents to the bill believe that the changes would prevent parents from staying home to raise their kids.

How to deal with divorce after 50

As the population ages, there has been an increase in the number of divorces that occur after the age of 50, also known as gray divorces. Gray divorces carry with them a number of issues that are not associated with divorces between younger couples, especially when it comes to property division. While dividing a couple's assets is a huge point of contention in most divorces, thanks to issues related to retirement, it can have a much larger impact on older divorcing couples.

Those over the age of 50 are usually thinking about retirement, and the way assets are divided during a divorce can dramatically change people's options. Retirement accounts and IRAs are considered to be marital assets that are eligible for division. When individuals are older, it is much harder for them to rebuild these accounts once depleted, meaning that they may end up needing to work longer or change their retirement plans.

Proposed changes to alimony laws in legislature

Proposed changes to alimony laws that would stop payments after a spouse dies are working their way through the legislature toward the governor's desk. One member says the goal is for fairness in the laws.

Florida has several different types of alimony laws. Bridge the gap alimony acts as transitional support. Rehabilitative serves a similar purpose. Durational can last between two years until the length of the marriage. Permanent has no time limit.