Division of marital property, child custody and support, and alimony are all important topics that Florida requires spouses to address during divorce—and they happen to be among the most contentious issues to resolve.
The emotional turmoil accompanying divorce often influences how couples handle disagreements. Conflicting interests, differing priorities, and varying degrees of attachment to shared assets can create tension and lead to protracted legal battles. As couples navigate this tumultuous period, recognizing the most commonly contested issues allows them to address their concerns more effectively and efficiently resolve conflicts.
Division of Marital Property
One of the most frequently contested issues in a Florida divorce involves the division of marital property. Florida follows the principle of equitable distribution, meaning that courts aim to divide marital assets and liabilities fairly, though not necessarily equally.
Marital property includes all assets acquired during the marriage, such as:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Debts incurred
Disputes often arise over what constitutes marital property versus separate property. Separate property typically includes assets owned before the marriage or acquired through inheritance or gifts. Couples may contest the value of certain assets, with each spouse presenting evidence to support their claims. This disagreement can lead to lengthy negotiations and court proceedings, as both parties seek to protect their interests.
Additionally, the classification of assets can further complicate matters. For example, if one spouse started a business during the marriage, the other may argue that they contributed to its growth and, therefore, should receive a portion of its value. These types of disputes often require financial experts to assess the value of complex assets and establish fair distribution.
Child Custody & Support
Bitter child custody and support disputes frequently arise during divorce. Parents must determine where the children will live and how they will share parenting responsibilities. Parents often contest custody arrangements, arguing over who should have primary custody or how parenting time should be divided. Ultimately, however, Florida courts prioritize the best interests of the child when making custody decisions.
Mediation can help parents reach an agreement on a parenting plan that outlines the time each parent spends with the children and how decisions regarding education, health care, and other important matters will be made. However, when parents cannot agree, the court may need to intervene, leading to a contested custody battle.
Child support also often becomes a contentious issue because parents may disagree on the amount and duration of payments. Florida uses guidelines based on the parents' incomes and the children's needs to determine child support amounts. However, circumstances such as changes in employment, medical expenses, or educational needs can lead to disputes over support obligations.
Alimony
Despite recent changes to how alimony works in Florida, this is still a frequently contested issue during Florida divorces. Courts may award alimony to one spouse to provide financial assistance during and after the divorce process. Several factors determine alimony, including the length of the marriage, each spouse's financial resources, and the standard of living established during the marriage.
Spouses often disagree about the necessity and amount of alimony. One party may feel entitled to support due to their role as a homemaker or caregiver, while the other party may argue against the need for ongoing financial support. The duration of alimony can also become a point of contention, with disputes arising over whether support should be temporary or permanent.
Factors such as changes in financial circumstances or remarriage can prompt a reassessment of alimony arrangements. As a result, disputes about alimony can extend beyond the divorce proceedings, leading to further negotiations and potential court appearances.
Contact Us for Legal Assistance
If you find yourself facing the complexities of divorce alone, seeking professional guidance can make a significant difference. Our experienced team at Tinny, Meyer & Piccarreto, P.A. understands the emotional and financial challenges involved in these situations and is committed to providing personalized legal support tailored to your unique circumstances.
We can work diligently to ensure that your rights are protected and that you have the knowledge and resources needed to navigate the legal process effectively.
Contact us today to schedule a consultation and take the first step toward securing your future.
