Divorce Mediation
Alimony
Alimony, also called spousal support, is paid by the wage-earning spouse (the spouse who has traditionally earned the majority of the income during the marriage) to the non-wage-earning spouse to allow the non-wage-earning spouse to continue to live in the lifestyle to which he or she has become accustomed during the marriage assuming their is enough income to do so. In Florida, various types of alimony can be awarded to either a husband or a wife when there is a need and an ability to pay or as otherwise required to do “equity and justice” between the parties, including:
* Permanent Alimony- the traditional type of alimony that continues until death or remarriage
* Rehabilitative Alimony- also called “bridge the gap” – payments for a definite amount and a defined period of time. The payments allow the spouse to return to school or make other life adjustments as necessary.
* Lump Sum Alimony- not really a form of alimony but a way to distribute property. If the spouse that has property (such as a business) does not have a pool of cash, the court allows regular payments for a defined period of time. In rare situations, regular-support type alimony may be paid in one lump sum and referred to as lump-sum alimony in your final order.
* Temporary Alimony
Future Taxes
Mediation can serve as an effective tool in negotiating future taxes and tax benefits.
Pet Visitation
Conflicts over a pet can be a very important issue to divorcing spouses when both spouses have developed a special connection to a companion pet and wish to maintain it. This feeling can be even greater where the couple has no children, and the dog or cat has taken on the role of the couple’s “child.” Custody issues may arise when two loving and doting parents ”cannot agree on access and custody arrangements for that one family member that money just cannot replace.” Relocation of a parent and issues over modification of parenting plans and child custody and time-sharing arrangements.
Time Sharing/Custody
Negotiate a new visitation schedule without becoming adversarial in the process. You will save time and money and children will benefit tremendously from your work together in mediation.
Child Support
The amount of child support that the non-custodial parent pays to the custodial parent is often the subject of a battle in court. Parents are often quite bitter in this battle and tend to use child support as a tool to manipulate custody issues. Florida has statutory child support guidelines. But that has not stopped the battles between parents – both on original applications for child support and on variations of the amount of child support.
Whether the battle between Mom and Dad continues until a Judge sets the amount after a court hearing, or whether the parents settle on the doorsteps of the court house, the end of the battle is often preceded by arguing and blaming. Mediation can ease the tensions and help parents come to a quick effective resolution before money becomes the overriding issue driving the divorce battle and affecting the welfare of the children.
Equitable Distribution
Florida statistics shows that property division requests the most Court hearing time.
Florida is an equitable distribution state, meaning that the martial assets are divided on an equitable basis. The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.
In Florida, marital property includes any asset acquired during marriage by either spouse’s efforts. Additionally, Florida Statutes requires that a married couple’s vested and non-vested benefits, rights, and funds accrued during marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are all “marital assets” subject to equitable distribution. Therefore, all of a spouse’s retirement accounts, IRAs, and 401k plans are susceptible to equitable distribution even if they do not vest until after the parties separate.
Frankly, division of martial property is one of the more challenging processes when going through a divorce. Florida statistics shows that property division requests the most Court hearing time.
Before you spend an enormous amount of time, money and stress haggling over property issues bring this issue to Sanchez and Baietto, skilled mediators who bring to the table a legal background representing clients in both traditional and high end equitable distribution cases. We can help you resolve your property disputes through creative options and smart solutions.
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