Category: Divorce

The Scientific Causes of Divorce

Posted by Ron Kauffman on

Even though the numbers of divorce cases are increasing, the cause of divorces has avoided scientific examination. Most people look at who gets divorced: their age, financial status, parenthood, past divorces, and their emotional stability. But two researchers from Israel are examining the lesser known subject of why people get divorced.

Divorce cause

Divorce and Statistics

Divorce, the legal dissolution of marriage, can be driven by a variety of factors, ranging from changes in the economic status or health conditions of spouses to contrasting values. The end of a marriage can often be challenging to process. Divorce can impact your personal well-being and even your mental health.

Sari Mentser and Lilach Sagiv, two researchers at the Hebrew University of Jerusalem, recently carried out a study specifically exploring the relationship between people’s values and divorce. Their findings, published in Communications Psychology, suggest that interaction between spouses’ cultural and personal values can predict divorce.

On average, the rates of divorce worldwide have increased over the past century. But it is difficult to obtain or analyze public data on divorces.

In order to compute divorce-to-marriage ratios, the researchers in Israel created an average of all divorce-to-marriage ratios available for a country over the years, and compared it to the most recent divorce-to-marriage ratio available for that country.

People all over the world have a variety of cultural and personal values, i.e. shared beliefs connected to societal norms, which can emphasize autonomy, or social stability and tradition for example. Personal values, on the other hand, are beliefs influencing the behavior of specific people. For example, one spouse could value their independence, or new experiences, or pleasure. While the other spouse could instead be more driven by a respect for traditions and social conformity.

The researchers crunched the data they collected which involved over 100,000 participants residing in more than 55 different countries worldwide.

Florida Divorce

I’ve written about the reasons for divorce before. The Israeli study is not the first study done about who has the highest divorce rates, or which jobs are the most likely to lead to a divorce. Although the statistics are interesting, from a legal perspective, the causes for a divorce are not always relevant in a court. For example, Florida is a no-fault state. No-fault laws are the result of trying to change the way divorces play out in court.

In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or unreasonable behavior. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Scientific Explanations

As a result of this study, the researchers found that divorce was more justifiable and likely in nations emphasizing autonomy values and among individuals ascribing importance to self-direction, stimulation, and hedonism values.

Divorce was less justifiable and likely in nations emphasizing embeddedness values, and among individuals ascribing importance to tradition and conformity values.

The results of the team’s analysis suggest that cultural and personal values interact to predict divorce. Specifically, they show that cultural values prioritizing autonomy (i.e., individual freedom) are linked to higher divorce rates, while those prioritizing social stability and tradition are linked to lower divorce rates.

They also found that people who placed a greater value on independence, new stimuli and pleasure were more likely to divorce while those who valued tradition and social harmony more were less likely to dissolve their marriage. Interestingly, the effect of these personal values on divorce appeared to be stronger in countries with a culture that emphasizes autonomy, which hints at an interaction between cultural and personal values.

The researchers conclude that divorce is sometimes the solution to an undesirable situation. Whether or not a spouse will file for divorce may depend on their personal and cultural values. Some people would rather avoid divorce at all costs while others who value change may be more open to considering divorce.

The Phys.Org article is here.

Divorce Ignorance

Posted by Ron Kauffman on

A new report by two law professors in England is showing a great deal about the public’s ignorance of divorce laws. Overall, the public’s understanding about finance and property on divorce was considered poor. However, those fortunate enough to have consulted lawyers previously were considered knowledgeable.

London divorce town

Keeping calm and carrying on

The legal experts say that thousands of people going through their divorces could be losing out due to “do it yourself” divorces. The professors from the University of Bristol authored a new report where 20,000 members of the public in England and Wales answered questions on divorce-related laws about dividing finances and property.

For example, given 10 statements about the law and asked to say whether each was true or false, the public correctly identified an average of 4.5 statements. In fact, just over half (55 per cent) of the public correctly identified at least half of the statements.

Statements Which Are Not True (in England):

  • The law says that all assets and debts should be split 50:50, regardless of whose name they were in during the marriage
  • Legally, an individual is not entitled to a share of their ex-spouse’s pension
    The law says that if an individual contributed more money during the marriage, then they are usually entitled to more than 50 per cent of the assets

Interestingly, people with higher qualifications or incomes were somewhat more likely than those with lower level qualifications or incomes to know what the law was in relation to financial remedies on divorce.

Florida Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce. I’ve written about divorce issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your spouse’s political views. Instead, you just need to state under oath that your marriage is “irretrievably broken”.

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Dodgy Results?

The report also showed that women were more likely to know about aspects of the law relevant to having children, and men to know somewhat more about the law around the division of assets.

Additionally, and not surprisingly, divorcees were somewhat more knowledgeable about the law than others. But still, their percentages appear to be mere guesswork: they identified an average of 5.2 statements correctly compared to 4.4 statements among those who had not been through a divorce. However, the differences between divorcees and others were not large, with levels of misconception still high among divorcees.

Having a lawyer was important to knowing your rights. Among divorcees who had divorced in the previous five years: those who had used more formal routes to reaching an arrangement, or consulted or used a lawyer, tended to know more about the laws around finances on divorce than those who had not.

Those with higher levels of assets to divide on divorce tended to have a greater understanding than those with lower levels or no assets. Divorcees with dependent children were more knowledgeable than other divorcees in relation to the law around the legal position of parents with main care of their children and around the child maintenance formula, although there were still high levels of misunderstanding among parents on these issues.

With do it yourself divorces, when couples settle how to split finances without courts, the law allows them to agree any split they want. More people are now coming up with their “own solutions” surrounding divorce settlements as there is no longer legal aid in England and Wales. The findings highlighted that women had a greater understanding around law relating to children, whilst men were more likely to know the law on assets.

The professor said the lack of legal aid leads to less awareness and knowledge which is “potentially problematic” because it means that people are relying on “their own misunderstanding of the law which tends to lead to poor settlements”.

The majority of the divorcing population in England and Wales reach arrangements relating to their finances and property outside of the formal family justice system, and also that one in five divorcees seek advice and support from family and friends during the divorce process.

For these reasons, it is important to know what level of knowledge people have, and whether there are misconceptions which might be influencing the decisions made by divorcees and the advice family and friends provide.

The BBC article is here.

New Year Divorce

Posted by Ron Kauffman on

If you have been thinking over the New Year holidays about divorce, know that you are not alone. Divorce filings surge in January as people decide to start their New Year with a clean slate. Not surprisingly, Angelina Jolie and Brad Pitt announced they have settled their eight year divorce case just in time to start the 2025 new year.

New Year Divorce

Mr and Mrs. ‘Formerly Known As’

The couple both signed off on a default declaration filed in Los Angeles Superior Court. The settlement agreement was confidential. In a statement to NPR, Jolie’s divorce lawyer wrote:

“More than eight years ago, Angelina filed for divorce from Mr. Pitt. She and the children left all of the properties they had shared with Mr. Pitt, and since that time she has focused on finding peace and healing for their family. Frankly, Angelina is exhausted, but she is relieved this one part is over.”

Pitt and Jolie met on the set of Mr. and Mrs. Smith, the 2005 movie in which the two played married assassins. They wed in 2014 and Jolie filed for divorce in 2016 alleging physical abuse during a private jet flight from Europe.

The FBI and child services officials investigated the allegations and the FBI released a statement saying it would not investigate further. The U.S. Attorney’s Office did not file charges. Pitt and Jolie vowed to keep the details of their divorce private, issuing a statement in 2017 that said they were sealing the documents to protect their six children.

In 2019, a judge declared Jolie and Pitt divorced and single, but reserved ruling on the distribution of the community property and child custody. Those issues remained pending for years, and needed to be settled separately.

Florida New Year Divorce

I’ve written about the recent rise in divorce filings, and many times the holiday season can highlight problems. What should you do? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative family divorce, mediation, and informal settlement conferences.

There is a good reason for treating a divorce calmly and not rushing to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic. No one should make such a big financial decision when they are feeling tired and emotional, and divorce is one of the biggest financial decisions of your life.

Life, Interrupted

A private judge the parties hired to handle their divorce reached a decision that included equal custody of their children. However, Jolie filed to have him removed from the case over an unreported conflict of interest. An appeals court agreed, removing the judge and vacating his decision and they had to start the process over.

During the long divorce fight, four of the six children became adults, negating the need for a custody agreement for them.

The use of a private judge has helped to keep details of the divorce from being publicized. However, some elements of their case have been revealed through a separate lawsuit filed over Jolie’s sale of her half of a French winery they owned called Chateau Miraval.

Pitt had wanted to buy her half of the winery, and claims she abandoned their negotiations and sold her share to the Tenute del Mondo wine group. Pitt called the move “vindictive” and “unlawful”, and that  it should not have been made without his consent. The parties’ marital settlement agreement does not affect the winery lawsuit. Their legal battles, like their assassin characters in Mr. and Mrs. Smith, go on and on.

The article from the AP is here.

North Korea Divorce Requirements

Posted by Ron Kauffman on

North Korea, similar to many countries, has requirements to initiate a divorce proceeding. Just as many U.S. states have requirements before filing for divorce, North Korea has its requirements too. Frustrated by the number of divorces, the Supreme Leader of North Korea has just added a new requirement: any couple that divorces will now be sent to labor camps.

North Korea Divorce

Your North Korean Divorce

Kim Jong Un, at 42 years of age, is North Korea’s “Supreme Leader”. He is also the “general secretary of the Worker’s Party”, and the “marshal of the Korean People’s Army”. Kim Jong Un follows in his father’s and grandfather’s footsteps and rules the socialist paradise of North Korea.

As “Comrade General Secretary”, Kim Jong Un recently declared that dissolving your marriage demonstrates anti-socialist sympathies, which therefore warrants punishment. This declaration from the “Marshal of the Democratic People’s Republic of Korea” represents a toughening of existing divorce laws, which previously only punished the party seeking the divorce — even in cases of physical abuse.

The “Sun of Juche’s” new divorce law, in an effort to protect the family structure, requires that spouses be imprisoned once the divorce is finalized. As one resident of the northern Ryanggang province reportedly said:

“I went to the Kimjongsuk County People’s Court … where 12 people received divorce decrees. Immediately after the verdict, they were transferred to the county labor training camp. Until last year, when a couple divorced, only the person who first filed for divorce was sent to a labor training camp. Starting this month, all divorced couples will be sent to labor training camps.”

According to Kim Jon Un, who is sometimes known as the “Only and Unique Successor and Leader of the Juche Revolution”, the act of divorce is not only considered an affront to socialism, but also to the Confucian values that tie into the thinking of those in the north and south.

Florida Divorce Requirements

I have written on divorce jurisdiction issues, such as residency and other requirements to obtain a divorce, many times before. Similar to North Korea, Florida has its own requirements to obtain a divorce. For example, Florida has a six-month residency requirement before filing for divorce.

Durational residency – as a pre-condition to divorce – has been considered by many courts and upheld as a valid requirement. The Supreme Court of the United States has consistently recognized the unique status of marriage and has left the entire field of marriage and divorce laws to the individual states.

Florida has a compelling state interest in requiring a durational residency so that Florida avoids intruding on the rights and interests of other states that might otherwise be paramount. There is another important reason.

Domicile of a divorcing party is essential, not merely because of technical jurisdictional rules, but because a divorce can be obtained ex parte, by constructive service of process which can have permanent future effect on the lives and property of third persons as well as the rights of sister states.

Accordingly, U.S. states must go slow, must be careful, and owe a duty to other states and other affected parties to make a record in support of a divorce final judgment that can withstand collateral attack and which will merit full faith and credit by other states.

Stigmatizing Divorce

The foundation of North Korean-style socialism, with its emphasis on the people and the masses, depends on whether family cells are managed effectively. That’s why – to North Korea’s “Brilliant Comrade” – divorce is considered an abnormal event and the breakup of the family.

Broken families are classified as social problems, and the children of these families often do not get along with other children and suffer various forms of discrimination, such as not being called on in school.

The socialist party’s firmly held position is that revolutionizing the family is equivalent to revolutionizing society and that improving the members of the family is equivalent to improving members of society. As a result, government officials who are divorced are considered to have failed to revolutionize their family, and are often unable to rise in rank or hold important positions.

Notwithstanding the “Beloved Father’s” efforts, reports from North Korea show divorce rates increased on the back of the Covid-19 lockdown. Initially, the “Father Marshal” started an education campaign to prevent, specifically women, from getting divorces.

To prevent divorces, lectures were given to members of the Socialist Women’s Union, the largest women’s organization in the country, under the theme:

“Let’s thoroughly eliminate the phenomenon of divorce and build a harmonious family, the cell of society.”

When that didn’t work, the “Supreme Leader of our Party, State and Armed Forces” tried other deterrents. The most obvious deterrents, publicly shaming the parents of divorcees, and publicly shaming the officials of  state owned companies responsible for high divorce rates among the workforce, were applied.

Surprisingly, given the socialist party’s campaign and other deterrents, divorces did not significantly decrease. So, the “Respected Comrade Supreme Leader” had no real choice but to act even more punitively by sending divorcing couples to forced labor camps. As one resident is reported to have said:

My brother divorced after three years of marriage. His wife first submitted a divorce application to the court and received a divorce ruling. She was sent to a labor camp for six months, while he has to do one month.

The London Evening Standard article is here.

Syrian Dictator and Divorce Jurisdiction

Posted by Ron Kauffman on

When you are the Wife of a Syrian dictator living in Russia, and mass graves are found in your home country, divorce jurisdiction may become a big issue. According to press reports, the former first lady of Syria, Asma al-Assad, the wife of the deposed Syrian dictator, Bashar al-Assad, has filed for divorce in England while living in Russia.*

Divorce Jurisdiction

Syrian Saga

Asma Fawaz al-Assad is the former first lady of Syria. She has been the wife of Bashar al-Assad during his tenure as president-for-life from 2000 until he was overthrown December 2024. She was born to Syrian parents in London, she was also raised in London, and holds dual British and Syrian citizenship.

Bashar al-Assad is a the ousted Syrian dictator who has ruled Syria since 2000 after the death of his father, president-for-life, Hafez, who ruled Syria from 1971 until 2000. In November 2024, a coalition of Syrian rebels mounted a military offensive in Syria. Earlier this month, as rebel troops entered Damascus, the Assads fled Syria to Russia, and were granted asylum.

According to international press reports, Asma al-Assad is seeking to leave Moscow for England. Because she holds both British and Syrian citizenship, she is rumored to have started consulting with a family law firm in England.

There are also reports that Asma al-Assad has already filed for divorce from Bashar al-Assad in a Russian court, and has requested special permission to leave Moscow for London to pursue her divorce there.

Florida Divorce Jurisdiction

I have written about jurisdiction before. Generally, jurisdiction is the power of the court to hear a certain controversy, like a divorce. If the court does not have jurisdiction over the subject matter, or the parties to the divorce, any final judgment entered can be void or voidable and unenforceable.

Florida has jurisdiction to act in a divorce case if one of the parties has been a resident of Florida for six months before the filing of the petition for dissolution of marriage. In addition to jurisdiction over the subject matter, a court will need to have personal jurisdiction over the parties to the divorce.

One cannot simply  stipulate to the court’s jurisdiction of the subject matter, the court must actually have jurisdiction over the subject matter.

When children are involved, jurisdiction requires additional steps under the Uniform Child Custody Jurisdiction and Enforcement Act. The general purposes of the Act are to avoid jurisdictional competition and conflicts with other courts in child custody matters; promote cooperation with other courts; ensure that a custody decree is rendered in the state which enjoys the superior position to decide what is in the best interest of the child; deter controversies and avoid re-litigation of custody issues; facilitate enforcement of custody decrees; and promote uniformity of the laws governing custody issues.

No Depo in Aleppo

Although the Assads sought refuge in Russia after they fled Syria, Bashar Assad’s situation in Russia remains tightly regulated. Russian authorities have imposed strict restrictions on him, such as preventing him from leaving Moscow or engaging in any political activity. His request for a special permit to leave the capital is currently under review.

The Kremlin has also taken significant economic measures by freezing his assets and wealth held in the country, a move that strengthens Russia’s control over the movements of the Assad family while limiting their future influence. Russian authorities have frozen 270 kilograms of gold, $2 billion, and 18 apartments in Moscow.

The situation is particularly complex for Maher al-Assad, Bashar’s brother, whose asylum request is still pending. He and his family are currently under house arrest awaiting a decision. The possible departure of Asma al-Assad, who may be suffering from cancer, could further weaken the already perilous situation of the family in Russia.

The Albawaba article is here.

*  The Kremlin recently denied reports that Asma al-Assad sought a divorce and wanted to leave Russia.

Fighting A Fraudulent Divorce

Posted by Ron Kauffman on

In Louisiana’s Cajun country, a woman is fighting in a family court after finding out her husband of 12 years is trying to get away with a major fraudulent divorce scam. According to reports, her husband used a woman to impersonate his wife in order to get his divorce decree. What are some ways to protect yourself from a fraudulent divorce scam?

Divorce Fraud Bayou

Divorce Gris Gris

Teqela Mouton is going through a mix of emotions after learning her husband, Kendrick Paul Francis, was allegedly part of a scheme to get a fraudulent divorce from her. A worse surprise was finding out her husband’s friend, LaShonda Pope, allegedly impersonated her to obtain the divorce final judgment.

“The way I’m feeling right now is insane. I really don’t know how to feel that a person could actually steal your identity and get away with it.”

Mouton now lives in Texas where she and her husband have been married for 12 years in November. They have two children together, ages 9 and 14. Mouton said for the past two years, she has been traveling back and forth to the Acadiana region of Louisiana to gather information on how she ended up getting divorced without her noticing?

“My husband did not contact me, told me anything about he wanted to divorce me and didn’t tell me that he filed for a divorce. If he wanted a divorce, I would have given it to him.”

Mouton said she never received a summons and was not present in any court proceedings for the alleged divorce.

Florida Fraudulent Divorce

I have written on fraud in divorce before. But an actual imposter posing as you to get a divorce is a fraud that is not a common occurrence. But fraud can happen. Historically in Florida, a contrived, false or fraudulent grounds for a dissolution of marriage, and then terminating a marriage through fraud on the courts, was not tolerated. This is inherent in the judicial process.

Fraud could also take the form of misrepresentations, concealments or untruths by a spouse. Courts will not indulge or reward falsehoods, and when a fraud upon the other spouse, or on the court, is proved it would be a failure of proof that the marriage was irretrievably broken for instance.

In addition, courts can relieve a party from a final judgment of dissolution of marriage for fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party under the rules of procedure. However, the motion must be filed within a reasonable time, and not more than 1 year after the judgment unless the motion is based on fraudulent financial affidavits in marital or paternity cases.

A Fraudulent Fais Do-Do

Mouton never received the paperwork, couldn’t get actual copies of the final judgment or pleadings, and the only thing the courthouse let her do was to look at the documents in the court file. She says that the documents she reviewed had a lot of incorrect information, from spelling of names, to children’s birthdays, to wrong addresses.

Then she saw where the summons was originally sent to, LaShonda Pope’s address in Abbeville, Louisiana even though Mouton had been living in the state of Texas since 2022. She gathered the information from the courthouse, and went to an attorney.

In a voice recording shared with local news in Louisiana, the imposter told Mouton:

“You have been divorced, it’s public record. Guess what you see that ring, guess what I’m about to be married to him next. So you can get ready. I’ll get you an invitation.”

According to the state of Louisiana, Mouton and her husband Francis are still married. St. Martin Parish considers the divorce decree to be fraudulent. The police have been involved. The imposter has had an arraignment at the Vermilion Parish courthouse, and is being charged with first-degree injuring public records. She has pled not guilty.

The KLFY article is here.

Divorce after Death in Japan and Florida

Posted by Ron Kauffman on

While rocky marriages in Florida may end in divorce, in Japan, there is a growing trend for couples to divorce after the death of one of the spouses. Many Florida divorce and family lawyers may not be aware of this Japanese concept of a posthumous divorce. Why is divorce after death growing in popularity in Japan and who is behind it?

Divorce After Death

Lost in Japan

Cases of divorce after death have been skyrocketing in Japan, more than doubling in just a decade. Studies have shown that women are overwhelmingly the ones filing to divorce their husband’s families after death. The reason comes down to cultural expectations toward wives in Japan.

The notion of a meddlesome in-law is a classic in western culture. But in Japan, they have an official process for severing one’s ties with a deceased spouse’s family called 死後離婚 (shigo rikon) in Japanese.

A shigo rikon is not a situation in which a spouse dies during the pendency of an ongoing divorce proceeding. A Japanese shigo rikon – is very different from your basic 離婚 (rikon, “divorce”). A rikon divorce can only be obtained while both spouses are still alive. This allows the surviving partner to inherit the deceased’s legacy and pension.

The technical term for a shigo rikon is “notification of marital relationship termination”, which means one is officially severing ties with the family of a deceased spouse. There are cases where a first-born might specifically leave their inheritance to their spouse in their will, at which time the person seeking the posthumous divorce would have to arrange a successor in the late spouse’s family first.

Even if a spouse is living with the in-laws at the time of the death, they would no longer have a legal obligation to take care of them. It becomes more of an ethical situation whether or not to continue doing so.

Florida Death and Divorce

I have written about divorce and Japan before. There is no similar process for a shigo rikon in Florida. It is the law in Florida that a marriage, being a purely personal relationship, is automatically terminated by the death of either spouse. The reason is simple: a dissolution of marriage action is a purely a personal action, so it cannot survive the death of either person in the marriage.

But, while a Florida divorce court loses jurisdiction if one of the spouses dies, if a final judgment of dissolution has been entered before the death of a spouse, the family court could keep its jurisdiction to determine property rights after the spouse’s death.

If you are involved in a divorce action, it is important to consider your estate planning documents and speak to a specialist in that area of law. While Florida does not prohibit you from amending your will or trust or changing beneficiary designations, some Florida jurisdictions have temporary standing orders impacting amendments to estate documents.

Big in Japan

A shigo rikon has no effect on your legal relationship with your deceased spouse. So, you can still keep your spouse’s surname and are still eligible for all inheritances, pensions, and insurance policies as they were before the posthumous divorce.

According to data from Japan’s Ministry of Justice, the number of posthumous divorces averages around 4,000 per year. Many of these cases use the divorce as a tool when spouses are dragged into inheritance disputes or other problems by order of the deceased’s will.

A shigo rikon shouldn’t be taken lightly though. It may not only impact relationships with in-laws, but could potentially impact relations between children and other relatives. Removing the responsibility for memorial services and grave upkeep may make it more difficult for a widow to participate in those services or visit his grave. And once the documents are filed, the process cannot be undone.

Despite those risks, shigo rikons are viewed as empowering for Japanese women, and an increase in the use of the process may demonstrate a change in family values and mindset in Japan.

The Sora News 24 article is here.

Transforming Nonmarital Property Into Marital Property

Posted by Ron Kauffman on

For many clients going through divorce, there is a concern that their nonmarital property can transform into marital property, and then get distributed by a court. Believe it or not, divorce lawyers know that in certain cases, it is easy for your nonmarital asset to be transformed into a marital one. One couple in north Florida found out how courts look at whether your nonmarital property has been transformed into a marital property during a divorce.

marital property

Defining Marital and Nonmarital Property

Understanding a little about Florida’s equitable distribution statute will help you protect your premarital assets from being wrongly divided. In Florida marital assets and liabilities include assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

Many people forget that marital assets also include the enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.

Another area of transforming nonmarital assets into marital one is by gifts. Under Florida law, marital assets include gifts between spouses during the marriage.

Conversely, nonmarital assets and liabilities include things like assets acquired and liabilities incurred before the marriage, and assets acquired separately by either party by non-interspousal gift, bequest, devise, or descent. For example, an inheritance may initially be considered nonmarital property absent anything else.

Before a court will classify your assets as either marital or nonmarital, the court will consider numerous factors. One of the factors a court will look at is the title of the property. A court will also consider whether you commingled your marital funds with your nonmarital funds. Were there any increases in the value of your nonmarital stock accounts because of marital efforts, or control of the funds? If so, a court may consider that too. They will also look at the length of the marriage, and your intent concerning the marital or nonmarital status.

Transforming Marital Property

In a recent case in Florida’s panhandle, a husband and wife divorced. During the trial, the family judge added to the equitable distribution schedule one of the husband’s Certificate of Deposit accounts. However, there was no evidence that the CD account, which was acquired ten years before the marriage, had transformed into a marital asset.

On appeal, the appellate court reversed the decision. The appellate court found that there was no evidence at the trial that there was any enhancement of the CD account through the husband’s efforts. The court also noted that there was no evidence that the husband commingled his nonmarital funds with marital funds. Lastly, there was no evidence that he had given to his wife the CD account as a gift.

Gifts between spouses are an important and frequent way in which a nonmarital asset becomes a marital asset. Believe it or not, there are even cases in Florida where spouses accidentally gifted non-marital homes to their spouse by birthday card, not realizing they would be found to have the proper donative intent.

Florida’s New Anti-Gift Law

This year the law changed in Florida. The revised equitable distribution statute now prohibits interspousal gifts of real estate unless there is written documentation that complies with the provisions for conveyance of real property under the statute governing deeds to property.

The mere inference of a gift of real property will now not meet the threshold required for an interspousal gift unless there was written documentation for a conveyance.

The new law in Florida also makes it clear that when a spouse merely signs a deed for the sole purpose of conveying a homestead property – other than the other spouse or both spouses jointly – the deed does not change the character of the real property from nonmarital property to marital property.

Finally, the new amendment to the equitable distribution statute changes the definition of nonmarital assets and liabilities so that real property acquired separately through non-interspousal gift, bequest, devise, or descent and in which legal title has not been transferred to both parties as tenants in the entireties, remains non-marital property.

The appellate decision is here.

Big Update to Florida’s Property Division Law

Posted by Ron Kauffman on

There have been big updates to Florida’s property division law after Governor Ron DeSantis signed an important House Bill this month. Many divorce lawyers will be interested in the changes to the equitable distribution statute this bill makes and it can impact your divorce right now.

Property Division Law

Dividing up property in divorce

In every divorce case, courts have to equitably distribute of assets and liabilities between the parties. In order to do that, the court first has to evaluate what assets and liabilities exist, then determine which are “marital” and which are “non-marital.” A new law makes some interesting changes to what are marital and non-marital assets, and how to distribute them.

Marital assets include things like, any assets and debts acquired during the marriage, the enhancement of value and appreciation of non-marital assets due to the efforts of either spouse or the contribution of marital funds or other marital assets; interspousal gifts during the marriage; retirement, pension, profit-sharing, and other similar funds during the marriage

A court always starts with the premise that a distribution of marital assets and liabilities should be equal, unless there is justification for an unequal distribution based on certain factors.

The new bill tries to clarify different aspects of the equitable distribution process. For example, the bill clarifies what sort of circumstances justify an temporary partial distribution during a divorce, and even provides a list of factors for the court to use in making a determination on whether there is good cause to make a temporary partial distribution.

Can you give your house away as a gift?

Believe it or not, there were cases in Florida where spouses accidentally gifted non-marital homes to their spouse by Valentine’s Day card or birthdays cards not knowing they would be found to have the proper donative intent.

The new law now prohibits interspousal gifts of real estate unless there is written documentation that complies with the provisions for conveyance of real property under the statute governing deeds to property. The mere inference of a gift of real property will now not meet the threshold required for an interspousal gift unless there was written documentation for a conveyance.

The bill also makes it clear that when a spouse merely signs a deed for the sole purpose of conveying a homestead property – other than the other spouse or both spouses jointly – does not change the character of the real property.

Finally, the new law changes the definition of non-marital assets and liabilities so that real property acquired separately through non-interspousal gift, bequest, devise, or descent and in which legal title has not been transferred to both parties as tenants in the entireties, remains non-marital property.

How do you value the family business

Your small business can be a marital asset, and difficult to value. That’s  because of the concept of “goodwill.” Goodwill is that intangible value of your business above and beyond the value of its physical assets. Things like, your company’s brand, reputation, amount of loyal customers, employee relations, and proprietary technology are aspects of goodwill.

One kind of goodwill is called “enterprise goodwill”, the value that exists separate and apart from the reputation or continued presence of the spouse who owns the business. Enterprise goodwill is a marital asset equitably distributed in a divorce. On the other hand, “personal goodwill” is the goodwill attributable to the spouse, not to the business itself, and is not a marital asset. That begs the questions, what is and isn’t personal goodwill?

Under the new law, courts have to consider evidence that a non-compete clause or a similar restrictive covenant may be required upon the sale of the business. The law clarifies that the mere existence of a non-compete provision is not dispositive as to whether the goodwill is considered enterprise goodwill. So, even if the valuation of a business is based on the requirement for a non-compete contract, the court can still determine whether the goodwill is enterprise or personal and subject to equitable distribution.

The new law becomes effective July 1, 2024 and is available here.

Divorce while Pregnant

Posted by Ron Kauffman on

Many couples and family lawyers find it odd that in some states you cannot get a divorce while pregnant. Missouri has one such law. Sure, you can still file for a dissolution of marriage while pregnant, but at least in Missouri, the court must wait until after birth to finalize child custody and child support. That law may change.

Divorce Pregnant

Show Me the Change

“It just doesn’t make sense in 2024,” said Rep. Ashley Aune, a Democrat representing District 14 in Platte County, Missouri. Aune introduced a bill this legislative session that essentially says pregnancy cannot prevent a judge from finalizing a divorce or separation. “I just want moms in difficult situations to get out if they need to,” she said.

Why do some states make expecting mothers wait? Some of the reasons include: resolving issues about paternity and establishing the father. Other states insist that adopting a visitation schedule over a newborn – before there’s a baby to even visit and the parents have established new residences – increases costs and judicial labor.

The same may be true in fixing the amount of child support. A court may want to avoid entering a child support order before there’s a child to support because, if parents lose or gain jobs, the support amount will have to be recalculated. Along the same lines, some children may be born with special needs. A court would want to know if the baby is born with an illness, disability, or other condition that requires extra parental attention or generates high doctor bills.

There are other reasons to hold off or prohibit finalizing a divorce. What if the mother has twins? Moreover, courts don’t have authority to make orders affecting unborn babies. Once a baby is born, it’s legally a person and a state resident.

Florida Divorce and Pregnancy

Being pregnant during a divorce adds a great deal of complexity to the process. The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce.

I’ve written about divorce issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your husband’s alleged infidelity with a congresswoman. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

There is no explicit prohibition against dissolving a marriage while a spouse is pregnant. If a spouse is pregnant, this fact must be included in the petition for dissolution of marriage when filed.  While it is unlikely a court would dissolve a marriage before the child is born, there may be situations where a divorce can be granted. For example, a court could dissolve a marriage while a woman is pregnant if the husband is not the father to the child and the biological father is involved through establishing paternity and financial responsibility for the child.

A Legislative Touchdown?

So what changed in Missouri? During a committee hearing earlier this month, Aune said one woman shared a powerful testimony regarding an abusive situation she was in while pregnant:

“Not only was she being physically and emotionally abused but there was reproduction coercion used. When she found out she was pregnant and asked a lawyer if she could get a divorce, she was essentially told no. It was so demoralizing for her to hear that. She felt she had no options.”

A report from Missouri’s Department of Health and Senior Services states that out of 10,098 women surveyed between 2007 and 2014, nearly 5% were abused either before or during pregnancy. That equates to about 500 women.

Many feel a change in Missouri’s law could literally save lives. For example, abusive partners, they might be using reproductive coercion and control to keep their partner pregnant so that they can’t ever actually be granted a divorce.

The new bill in Missouri currently states:

“Pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.”

However, the bill is still gestating in the Missouri legislature.

The Fox59 article is here.