Mark Abzug PA

What counts as marital waste in a Florida divorce?

2026-09-18T11:14:37Z

A divorce can feel financially unfair when one spouse makes large, unexplained purchases or withdrawals shortly before filing. In Florida, this is formally recognized as dissipation of marital assets under the equitable distribution statute, section 61.075.

How courts view marital waste

The outcome often turns on timing and purpose. Florida courts generally look for spending that served no marital purpose and happened when the marriage was breaking down irretrievably or when divorce was foreseeable. Judges may focus on whether the spending looks like an effort to drain marital funds rather than cover ordinary living expenses. Clear records and a timeline can help show what happened and why.

Spending patterns that may raise concern

Documentation becomes especially important when one spouse spent money secretly or for reasons that did not benefit the marriage. This overview of marital waste claims in divorce outlines the types of conduct courts may examine. Examples may include:

Large cash withdrawals with no clear household reason
Gifts or trips tied to an outside relationship
Gambling losses that exceed the couple’s established pattern
Property sales at significantly below-market value

These facts may matter because the court can credit the other spouse for the value of the wasted assets when dividing property.

Steps to document possible dissipation

Bank statements, credit card statements and credible testimony often shape the proof. Keeping clear records from the start can strengthen a dissipation claim if the dispute becomes part of property division. You may want to gather statements, save messages about major purchases and note key dates, including when the decision to separate or file for divorce was made. If you need to spend marital funds, continue using joint accounts for ordinary household expenses and keep receipts where possible.

What to do if you believe assets were wasted

Dissipation claims usually turn on records and timing. Florida courts weigh the evidence on both sides, so the earlier a spouse organizes financial documents, the clearer the timeline becomes. People reviewing broader property division issues in a Florida divorce may need to consider whether a dissipation claim fits the facts of the case.

Does remarriage change child support in Florida

2026-09-17T11:32:20Z

Remarriage does not automatically change child support in Florida. Courts focus on the income of the child’s parents – not the income of a new spouse – when they calculate or review support. A new marriage can still affect whether a parent has grounds to seek a modification. The main question is whether remarriage caused a substantial and unanticipated change in that parent’s financial circumstances.

A new spouse’s income is generally not part of the calculation

Florida child support guidelines focus on the parents’ income. A stepparent’s earnings do not typically become part of the base support calculation. Florida’s child support modification rules apply to all requests for change, not just those involving remarriage. Remarriage by itself does not create a new support order.

Financial changes tied to remarriage may support a modification

A court may look beyond the marriage itself and focus on whether the parent’s financial circumstances have substantially changed. Important facts may include whether:

The parent’s living expenses went down
The parent changed jobs or income after remarrying
A new household arrangement affects financial disclosures
The parent has additional biological or legally recognized children to support

Under Florida law, a recalculated support amount that differs from the current order by at least 15% or $50 per month – whichever is greater – may create a presumption that a substantial change in circumstances exists.

The parent’s financial records still drive the review

A parent who has recently remarried may assume the new spouse’s income will raise or lower support on its own. In most cases, that is not how Florida law works. The court still looks at the parent’s income, expenses and financial disclosures when deciding whether support should change. Remarriage alone does not give either parent an automatic basis to change support. Parents reviewing broader child support and family law concerns may need to compare their current records to the existing order before deciding whether to seek a modification.

3 ways to modify spousal support in Florida

2026-09-16T04:57:02Z

A sudden job loss, major injury or financial shift can make it hard to pay court-ordered support after divorce. Florida law allows judges to change spousal support orders when permanent and unexpected changes affect your life.

Substantial change in financial circumstances

Courts check if your monthly income or basic expenses changed since your divorce ended. The shift in your money situation cannot be temporary or something you chose voluntarily. Common financial changes that allow a court to alter payments include:

Long-term involuntary job loss or income reduction
Severe disability, illness or medical costs
Large increase in income for the recipient spouse

Judges require clear proof that your financial hardship is real and will last a long time.

Existence of a supportive relationship

Florida courts can reduce or end support payments if an ex-spouse enters a supportive relationship. A judge looks at shared money and mutual financial help to decide this issue. The ex-spouse and their partner do not have to live together full time for a court to change the support order. Evidence that proves a supportive relationship includes:

Joint bank accounts or shared property ownership
Shared living expenses and household bills
Financial support exchanged between the partners

Showing that the new partner acts like a spouse gives the court a reason to change your payment amount.

Retirement of the paying spouse

Reaching full Social Security retirement age allows a paying spouse to ask for lower support payments. The judge checks if your retirement is reasonable and done in good faith instead of a way to stop paying support. The court reviews specific legal factors before changing a support order:

Age, physical health and profession of the payor
Motivation for retirement and likelihood of returning to work
Financial needs of the recipient spouse and economic impact of reduced support

Planning your retirement timeline carefully helps protect your financial standing before you formally step down from your career.

Take action to adjust your support order

Spousal support obligations do not automatically adjust when your life changes. Petitioning the circuit court quickly prevents past-due unpaid support balances from accumulating. Consulting a knowledgeable family law attorney ensures your petition meets strict Florida statutory standards.

Florida ended permanent alimony: What it means for you

2026-08-26T18:45:07Z

Florida no longer awards permanent alimony in divorce cases filed on or after July 1, 2023. Senate Bill 1416 changed Florida’s spousal support rules and replaced lifetime alimony with limited forms of support. These rules can affect how much support a spouse receives and how long payments last, making the type of alimony an important issue in many Florida divorces.

How Florida’s new alimony rules work

Florida recognizes four types of alimony. Temporary alimony supports a spouse during divorce. Bridge-the-gap alimony covers short-term transition costs for up to two years. Rehabilitative alimony may fund education or training for up to five years. Durational alimony offers financial support for a set period. The length of the award generally depends on how long the marriage lasted. The length of the marriage sets the limit for durational alimony:

Under 10 years: The limit is up to 50% of the marriage length.
10 to 20 years: The limit is up to 60% of the marriage length.
20 years or more: The limit is up to 75% of the marriage length.

Courts consider financial need, ability to pay, income, financial resources, earning capacity and the marital standard of living. Monthly alimony generally may not exceed 35% of the difference between the spouses' net incomes. Retirement or a significant change in financial circumstances may be grounds for modifying an existing order. Under Florida law, the recipient's remarriage generally terminates periodic alimony. A supportive relationship may also support a reduction or termination of support. Unlike permanent alimony, these forms of support have set time limits. This gives both spouses a clearer idea of their future financial obligations.

What happens to alimony orders from before 2023?

The 2023 reform did not end permanent alimony orders issued before July 1, 2023. These orders remain in place unless a court later changes or ends them. Retirement, major financial changes, remarriage or a supportive relationship may support a modification. The law change alone does not change an older order. Courts review the original order and current circumstances before deciding whether a change is warranted.

What the 2023 reform means for your divorce case

Florida's 2023 alimony reform does not eliminate spousal support. It replaces open-ended obligations with defined timelines and income-based limits. For anyone going through a divorce or considering a modification of an existing order, how these rules apply will depend on the specific length of the marriage, each party's income, and the financial circumstances involved. A Florida family law attorney can help evaluate those details before a final agreement is reached.

What happens when a parent refuses court-ordered visits in Florida?

2026-08-21T18:45:34Z

A court-approved parenting plan is a legally binding order. When one parent unilaterally refuses to honor it by canceling visits, withholding children, or failing to make them available for pickups, Florida law provides specific mechanisms to address the violation and hold the non-compliant parent accountable.

What Florida law says about denying time-sharing

Both parents have a legal right to frequent and continuing contact with their children following a divorce or separation. A custodial parent does not have the authority to withhold visits as a form of punishment, even if the other parent is behind on child support payments. Florida law explicitly separates child support obligations from time-sharing rights. Failing to pay support does not justify denying visits, and denying visits does not justify withholding support.

Remedies available in Florida courts

When a parent fails to comply with a time-sharing schedule without a court-recognized emergency, the other parent can file a Motion for Enforcement or Contempt with the circuit court. If the court finds willful non-compliance, several remedies are available:

Make-up time-sharing: the court must award the non-offending parent additional time to compensate for missed visits, scheduled in a manner convenient for that parent and in the child's best interest
Attorney's fees and court costs: the non-compliant parent may be ordered to pay legal fees incurred by the parent who had to file the enforcement motion
Financial sanctions: compensation for direct losses caused by missed visits, such as non-refundable travel costs
Parenting classes or community service: judges may require the non-complying parent to attend parenting education or complete community service
Modification of the parenting plan: a pattern of repeated interference may constitute a substantial change in circumstances justifying a permanent modification of the time-sharing schedule

Each of these remedies is designed to protect the child's relationship with both parents and discourage future violations.

Steps to take if your time-sharing rights are denied

Documenting every incident carefully is the foundation of any enforcement case:

Keep a detailed log of every missed or denied visit, including dates, times, and any written communications from the other parent
Request a police incident report at the designated pickup location if access is denied; this creates official documentation that you were present
Avoid retaliating by withholding support or taking the child outside your designated parenting time, as this can harm your position before the judge
File a formal motion through the Florida court family law division with the help of legal counsel

Prompt enforcement protects both your parental rights and your child's stability. If your court-ordered time-sharing is being denied, a family law attorney in Broward County can help you pursue the appropriate legal remedies.

What happens to your pet during a divorce?

2026-08-11T15:19:28Z

For couples without children, their pet often fills a similar role. They think of the pet as a member of the family. Some couples will also get a pet first, such as a dog or a cat, as a way to prepare for the future responsibility of having children. When these couples go through a divorce, then, deciding what happens to the pet can sometimes become a point of contention. Both people may still want to be involved with the pet, take care of it and live with it, even after the marriage ends. They may even believe that they need to set up some sort of parenting plan or a pet custody plan. But is that really what happens?

Pets are property

Legally speaking, your pet is just a piece of personal property that you own. It is not a member of the family. There are no custody rights to consider, and the court is not going to set up a parenting plan the way that it would for children. What this means is that some couples can come up with a plan to share the pet on their own. If they both agree to this plan, there is nothing stopping them from doing so. But if they are in conflict and they go to the court, the court will simply send the pet through property division with all of the other assets that the couple has purchased. If the couple paid a few thousand dollars for a specific breed of dog, for example, one person may be given the pet while the other is given home furnishings with a similar value. They may not see this as a satisfactory resolution, but because the financial values are similar, it does satisfy property division laws. If you and your spouse are going through a divorce and you are running into these types of complications, it is very important to understand all of your legal rights and the steps you can take to seek a resolution.

How Florida courts divide cryptocurrency in a high-asset divorce

2026-08-06T16:37:39Z

Cryptocurrency has become an important asset in many high net worth divorces, bringing new challenges to property division. Questions about how to classify and divide digital assets can complicate the process of equitable distribution. Florida courts apply state law to decide whether crypto is marital or separate property and how to divide it fairly.

How Florida courts classify cryptocurrency in divorce cases

Florida courts treat cryptocurrency as property. Cryptocurrency acquired during the marriage is generally presumed to be marital property unless an exception applies. Courts may divide those assets during the divorce. Crypto owned before the marriage may remain separate property if the owner kept it separate from marital assets. Courts review factors such as:

When the cryptocurrency was purchased
How the owner acquired it
Whether marital funds or efforts increased its value
Whether the owner mixed the crypto with marital assets

A spouse's name on a crypto wallet or exchange account does not decide ownership. Courts examine financial records, account details and transaction history. They use this information to decide each spouse's share under Florida law.

Challenges of valuing and dividing cryptocurrency in a high-asset divorce

Digital assets such as cryptocurrency add complexity to high-asset divorce cases. Its value can change in a short time. Owners may also keep crypto in private wallets or on several exchanges. These factors make the assets harder to value and divide. Common challenges include:

Valuing digital assets: Prices can rise or fall within hours. Courts must choose a fair valuation date.
Locating cryptocurrency holdings: Private wallets, exchanges and online platforms can make holdings harder to locate and verify.
Dividing crypto: Courts may divide the coins or offset the value with other marital assets.
Handling taxes: Selling crypto may create tax obligations. Transfers also require accurate wallet information and secure access.

Accurate financial records and careful legal analysis can help facilitate an equitable distribution of cryptocurrency.

Protecting crypto assets in divorce

Cryptocurrency can create challenges in a high-asset divorce. Ownership questions, price changes and tax issues can affect how these digital assets are divided. Reviewing financial records and crypto holdings can help identify marital assets and support a fair division. An experienced Florida divorce attorney can evaluate digital assets, resolve valuation issues and help protect your financial interests during the divorce process.

How Florida courts resolve international custody disputes

2026-08-02T23:06:09Z

International child custody disputes can be emotionally and legally complex. When parents live in different countries or one parent wants to relocate a child overseas, Florida courts must balance state law, federal law and international agreements while keeping the child's best interests at the center of every decision.

What makes an international custody case different?

International custody disputes often involve questions that do not arise in domestic cases. For example:

One parent may have already taken the child to another country.
Parents may disagree about where the child should permanently live.
Different countries may have conflicting custody laws.
Enforcing a court order across international borders can become difficult.

These issues require courts to determine not only what arrangement serves the child best but also which court has legal authority over the case.

How Florida courts determine jurisdiction

Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In many situations, the child's "home state" has authority to decide custody matters. Courts generally examine factors such as:

Where the child has lived during the previous six months
Whether another court has already issued custody orders
Which state or country has the strongest connection to the child

If another country treats custody proceedings in a manner substantially similar to U.S. standards, Florida courts may recognize that country's custody determination.

The role of international treaties

Many international custody disputes involve the Hague Convention on the Civil Aspects of International Child Abduction.

When applicable, the treaty focuses on returning a wrongfully removed or retained child to the child's habitual residence. It does not decide which parent should receive custody. Instead, it seeks to ensure that custody decisions occur in the proper jurisdiction.

Not every country participates in the Hague Convention, however. Cases involving nonmember countries often present additional legal challenges.

Factors judges consider

Once a Florida court has jurisdiction, the judge evaluates the child's best interests. Relevant considerations may include:

Each parent's ability to provide a stable home
The child's emotional and educational needs
The relationship between the child and each parent
Any history of domestic violence or abuse
Whether either parent may refuse to comply with future court orders

When international travel is involved, judges may also evaluate whether there is a significant risk that a parent could refuse to return the child.

Protecting your parental rights

International custody disputes often move quickly. Delays can complicate jurisdictional issues and make recovering a child more difficult if international travel has already occurred.

Keeping detailed records, following existing court orders and seeking legal guidance early can help protect both your rights and your child's well-being.

Every international custody case deserves careful attention

International custody disputes combine family law with complex jurisdictional questions. Understanding how Florida courts approach these cases can help you make informed decisions during a stressful time. Speaking with an experienced Florida family law attorney can help you understand your options and pursue a solution that protects your relationship with your child.

How long do you have to respond to a divorce in Florida?

2026-07-23T18:21:50Z

If you have been served with divorce papers in Florida, you typically need to respond within 20 days. It is often wise to take time to consider your options. You do not have to react instantly, and you can take time to speak with your attorney, gather important documentation that may be used during the divorce, or even have important conversations with your spouse. You may want to discuss whether you are willing to go through a collaborative and amicable divorce, where you work together, for example, or if you are going to have to go through litigation because you disagree on some of the terms. Once you understand the type of divorce case you are likely facing, it can help you prepare for what comes next. But it is important to meet this 20-day deadline, so you do not want to take too long to consider your options. You will need to file all of the correct paperwork so that the case can continue.

Can the divorce happen if you miss the deadline?

Yes. It is also important to note that the divorce can still continue, even if you do not respond to the petition. Once you miss the deadline, your spouse can ask the court for a default divorce judgment. This means you will have less of a chance to influence the case, and your spouse may be granted the terms they requested in the default judgment. If you have recently received a divorce petition and you are trying to look into your next steps, it can be helpful to work with an experienced divorce attorney in Florida.

The length of your commute influences your divorce odds

2026-07-20T16:11:21Z

How far do you have to drive to work every day? If it is more than 45 minutes, some studies have found that your divorce odds go up by 40%. That long commute can actually make divorce much more likely. These studies do find that the increase in divorce odds happens most often when there is a change to someone's commute or work schedule. If a couple has been married for more than five years, even with a long commute, their divorce odds do not really change. But when someone gets a new job that extends their commute, creating a significant change to the couple's lifestyle, that is when the divorce odds tend to go up.

Why does this happen?

There are many potential reasons. A long commute can be stressful, for example, so researchers theorize that someone who has been stuck in traffic for a long time may struggle to get along with their family once they get home. But the biggest issue is simply that the couple is spending more time apart. If someone spends eight hours or more at the office every day, plus an hour and a half on the road, they have less time for their family. This can cause couples to drift apart simply because they do not see each other as often. Plus, for parents, this can cause some level of resentment. One parent may feel that they are home much more often, taking on all of the obligations related to their children, while their partner is generally at work. They do not feel like they are sharing the responsibilities as parents, and this can lead to arguments and disagreements.

Navigating the divorce process

This does not mean that a long commute will always cause a divorce, but simply that it is one issue couples should watch out for. For those who do find that they are moving toward the end of their marriage, it is important to know exactly what legal steps to take while getting divorced.