Author Archives: Jay Butchko
Calculating a Spouse’s Interest in Premarital Assets After Years of Marriage
When a married couple decides to file for divorce in Florida, they should be prepared for the division of marital property. Under Florida law (Fla. Stat. § 61.075), marital property is divided in Florida according to a theory known as equitable distribution. When property is distributed equitably, it is distributed (or divided) in a… Read More »
Using the Collaborative Process to Create Prenuptial Agreement
Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms… Read More »
The Benefits of Collaborative Divorce for Older Couples
Divorce is often associated with younger couples having trouble navigating the responsibilities of family and developing careers. Divorce at this stage in life, while painful, is often relatively straightforward, outside of child custody concerns, since the complexity of assets the spouses own collectively is usually limited. On the other side, couples who weathered decades… Read More »
The Collaborative Process Controls the Costs of Divorce
Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the… Read More »
Collaborative Divorce vs. Mediation: Key Differences
As divorcing couples become more aware of the alternatives to traditional litigation, some are starting to demand options beyond standard divorce settlement negotiations. Especially if children are involved, spouses want more control over the terms of the outcome, and fewer reasons to generate additional negative emotion or obstacles to communication. People are often aware… Read More »
Issues Surrounding the Division of the Marital Home in Divorce
How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes… Read More »
Determining if You Need Permission to Relocate
Moving to a new place frequently brings the conflicting emotions of stress and excitement that reflect the complex reality of transitioning to a new life stage. Relocating when parents share child custody is quite a bit more complicated, and may require court intervention if procedures are not followed or disputes arise. Parents understandably want… Read More »
Child Custody Issues with Same Sex Couples
Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now… Read More »
What Happens to Alimony Under the Recent Federal Tax Reform Law?
When the word divorce enters a spouse’s mind, and certainly by the time the concept is spoken aloud, fears about the myriad of issues can be overwhelming. . Finances are certainly of great concern, as a person’s standard of living is bound to be impacted by severing the marriage. One feature of divorce designed… Read More »
Understanding the Nuances of Military Divorce
All married couples face the possibility of divorce, but the rate of divorce among military personnel, particularly those deployed on active duty, is significantly higher. A report issued in the summer of 2017 indicated that military workers took three of the top ten spots for careers most likely to divorce, which means military personnel… Read More »
