Category: Property Division

Reverse Mortages in Collier County, Florida

Reverse Mortgages and Divorce in Naples, Florida

Reverse mortgages are a unique, government sponsored, FHA insured financial product that can be extremely useful in a divorce. Oftentimes, divorces are caused by extreme financial stress.  One party is constantly starting businesses, losing the business, gambling or spending every available dollar.  The marital home becomes

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Age and Divorce in Collier County

How Does My Age Affect My Naples, Florida Divorce?

Elderly or grey divorces are becoming more and more common. Age can be a factor in Florida divorces insofar as it impacts alimony. In Florida people over age 65 have an extra right to speedy trial (for presumably morbid reasons).  “Civil actions involving elderly parties; speedy trial.—In

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Spouse's gambling in Collier County

What Is Dissipation Of Assets In a Naples, Florida, Divorce?

Dissipation Of Assets is the phrase Florida courts use to describe wasteful, concealing, or other non-marital expenditure of what was previously a marital asset. Courts make a finding of dissipation of assets when “one spouse use[d] martial funds for his or her own benefit and for

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Dividing Marital Property in Collier County, Florida

What Is Marital Property In Naples, Florida?

In a Florida divorce, a couples’ assets and liabilities will be totaled and categorized as either being marital or non-marital.  Once property is identified as marital the courts will find that, upon divorce, the property should be divided equally.  Fla. Stat. Sec. 61.075(1). Non-marital property shall

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Distribution of Marital Home in Collier County, Florida

Who Keeps The House In A Naples, Florida Divorce?

To answer the question “who keeps the house in a Florida divorce?”, the time of the purchase of the house will often determine who keeps the marital home. If the house is purchased after the marriage with funds that either party earned after the marriage then

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Division of marital assets in Collier County, Florida

How Are Assets Divided In A Naples, Florida Divorce?

How are assets divided in a Naples, Florida divorce? 95% of divorces in Naples, Florida are settled via negotiations.  The Collier County Court may help at times refine and eliminate issues via temporary orders but most final decisions regarding a divorce are done so by agreement.

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Divorce and Pensions in Collier County, Florida

What Will Happen To My Pension In My Naples, Florida Divorce?

Pensions are typically referred to as defined benefit retirement plans as they provide a guaranteed income according to a specific formula after retirement. Defined benefit retirement plans are differentiated from defined contribution plans like 401ks, 403(b), and IRAs.  Defined contribution plans have an actual number value

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