Yet, assuming their arguments are based in fact – not trumped up fiction or denigration of the other parent, the courts use a fairly standard matrix to weigh the merits and render a decision.

Florida law historical has been fairly specific on what’s elements guide such a determination. That faced changes as the Florida Legislature weighed – along with changes in lifetime alimony – the establishment of a presumption that 50/50 timesharing was in the best interests of the child. As with the alimony argument, many family law attorneys and courts prefer such discretion is left to family court judges, and not legislators.

Yet, regarding child timesharing, under Florida Statutes, the determining factors are clearly outlined. Courts also turn to their own discretion as well as statutes to determine which parent may be best suited for primary timesharing. Issues can include the child’s age, the mental or physical health of the child or parents, the current living situation, financial stability, school or educational needs, the general safety or security of the home environment and whether domestic violence is or has been an issue, religious preferences, and the depth or quality of a child’s relationship with each parent.

One of the biggest factors courts weigh is the general congeniality and respect of one parent to the other. For example, is one parent interrupting or influencing phone calls, or hovering around the child when the other parent arrives for schedule visitation? Further, if one parent discourages a warm relationship between the child and the other parent, or if a parent attempts to interfere with or create animosity from the child toward the other parent, the courts weigh heavily any and all such attempts at harmful influence.

In such cases where one parent may treat the child as property to be negotiated with or argued over, the courts also take such actions into consideration. Courts aren’t watching one parent or the other; they want to see that both parents work to keep disputes between themselves – and not the children.

Regardless of whether a family is going through separation and divorce, the best practice is to shield the children from emotional harm. Arguments, if there are any, should be delayed until the children are not present. And if child timesharing becomes a point of contention, always keep the needs of the children – not those of the parents – central to the mission to arrive at an amicable solution.

The Law Office of Barry I. Finkel P.A., handles complex divorce litigation for a variety of clients, including high net worth individuals. As a divorce and family law firm, the practice serves the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1992, and now in Boca Raton, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling circumstances. For a consultation or to schedule an appointment, please call 954-776-1414.

As of the writing of this blog, a move apparently was afoot to change the bill’s language and attach it to other legislation before the Legislative session ends May 3. That result remains to be seen.

Nonetheless, both the Florida House and Senate in April passed the sweeping changes to alimony, replacing existing law with bridge-the-gap, rehabilitative, or durational alimony. The bills if approved by the Governor would have allowed retroactive application of the new alimony laws, which many believe was anti-women and unconstitutional.

The legislation also would have provided that equal timesharing was presumptively in the best interest of the children.

Ultimately, in his letter of veto to the Senate, Gov. Scott sided with those questioning the retroactive implication. He wrote that “retroactive adjustment of alimony could result in unfair, unanticipated results. Current Florida law already provides for the adjustment of alimony under the proper circumstances.”

Supporters of the bill likely will continue the fight. In the meantime, both parties in a divorce case now must continue on as they always should have: protecting their own rights and futures, while ensuring that the needs of any children are kept foremost in mind.

Proponents hope to ban permanent alimony or “lifetime” alimony. Objectors believe the system works in its current form. It currently awaits Gov. Rick Scott’s signature.

Watch the video to learn more.

In February, The Law Offices of Barry I. Finkel P.A., opened its new divorce and family law practice in Boca Raton. The new office is located in the UBS Bank Building at 1800 North Military Trail., Suite 470, in Boca Raton, 33431, near Interstate 95 and Glades Road.

After 20 years in practice, the reasons for opening the new office are clear. While that market has experienced divorce lawyers, some clients need a team of discerning family law attorneys skilled in high net worth cases. The addition of experienced family law attorney Mara Bernstein, along with Mr. Finkel, serves those needs for clients who live in Boca Raton, Delray Beach, Boynton Beach and north to Palm Beach and West Palm Beach.

The Law Offices of Barry I. Finkel P.A., which has been recognized by its peers and major media for its professionalism and client service, will maintain its offices in Fort Lauderdale, serving the family law needs of those in Fort Lauderdale, Hollywood, Plantation, Coral Springs, Parkland, Lighthouse Point and throughout Broward County.

The Law Office of Barry I. Finkel P.A., handles complex divorce litigation for a variety of clients, including high net worth individuals. As a divorce and family law firm, the practice serves the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1992, and now in Boca Raton, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling circumstances. For a consultation or to schedule an appointment, please call 954-776-1414.

Then again, this may be much ado about nothing. While many attorneys generally are against laws that legislate matters best left up to the courts, for their part, courts generally don’t rule on religious elements of family issues.

In my Fort Lauderdale family law practice, I’ve seen foreign law or religious tenets affect custody or the equitable distribution of assets. To be sure, most of those agreements, when based on Sharia or religious law, especially from Middle Eastern cultures, are very favorable to the husband or father.

Courts may find in favor of such agreements, ruling that prenuptial agreements that don’t violate public policy of the state of Florida are enforceable. Yet, if a Sharia-based agreement says the father will get custody in the event of a divorce, this takes away the court’s ability to weigh and determine what’s in the best interest of the child. Often, courts in this case will find the agreement unenforceable.

South Florida family law attorneys will follow this and other actions closely to see how they affect the rights of individuals seeking divorce, the discretion of the courts, and future family court cases.

The Law Office of Barry I. Finkel P.A., handles complex divorce litigation for a variety of clients, including high net worth individuals. As a divorce and family law firm, the practice serves the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1992, and now in Boca Raton, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling circumstances. For a consultation or to schedule an appointment, please call 954-776-1414.

While many argue for and against lifetime alimony, or the practice of a primary breadwinner providing alimony for life following a divorce, some parts of the law leave reason for concern.

One, for example, will remove almost all discretion from the courts and leave alimony decisions up to the law as written. Members of the Florida Bar Family Law Section are adamantly opposed to such a provision. Courts – not rigid guidelines – are best suited to serve the needs of each individual divorce case or action.

Another concern is the retroactive nature of the bill. If passed and signed into law, it could affect existing divorce settlements. Alimony paying husbands are arguing for this component of the law, hoping to change agreements already signed. Constitutional lawyers argue that the U.S. Constitution prohibits states from making laws that impair existing contracts. Such language would clearly impair the alimony settlement, or contract.

What’s more, what if a payer elected to make a lump-sum payment at the time of a divorce settlement, in lieu of paying alimony? In that case, the payer would have no opportunity to go back and address or recapture that money already paid.

While the Family Law Section of the Florida Bar is working to correct prevalent disinformation among the public – and convince Florida Gov. Rick Scott not to sign the bill, the prevailing opinion is that it will pass both houses and receive his signature.

The law may also address the establishment of a presumption that 50/50 timesharing or child custody is in the best interests of the child. This is a radical departure from standard practice in many family courts. The best interests of the children should be the paramount concern, without presumptions one way or the other.

Now, courts and legislators are exploring timesharing and alimony. Yet, as with the alimony argument, many family law attorneys and courts prefer such discretion is left to family court judges, and not legislators.

One can only hope that if the bill becomes law, that judges will indeed have the discretion to apply judgment and guidance individually to each case that comes before their court. Otherwise, the ending of lifetime alimony or establishing timesharing that’s in the best interests of the children – and not the agenda of a parent – may be a part of history.

The Law Office of Barry I. Finkel P.A., handles complex divorce litigation for a variety of clients, including high net worth individuals. As a divorce and family law firm, the practice serves the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1992, and now in Boca Raton, Florida, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling circumstances. For a consultation or to schedule an appointment, please call 954-776-1414.

His debut column is on Infidelity Clauses. The subject came to the fore when Elin Nordegren was rumored to demand a $350 million infidelity clause as part of a prenuptial agreement after Tiger Woods reportedly made overtures about getting back together.

Check back to this blog to learn of Barry’s latest contributions to Huffington Post.

Supporters say the change would mirror changing American culture.

“Alimony laws have been on the books in Florida for way too long without serious reform,” State Rep. Ritch Workman, R-Republican, the bill’s sponsor, told the House Judiciary Committee. “Things have changed in the family and so should alimony.”

Read more on moves to change permanent alimony here.

Yet, for many older or even senior couples, this milestone invites its own change. They grow apart. One spouse or the other – or both – find they’d like to explore a new direction in life.

This is not uncommon. And while unencumbered by the issues of child support, timesharing, custody or parenting plans, other issues come to bear. For example…

-  If one spouse – let’s say the wife – left her career to stay home and raise the family, while the other spouse became the breadwinner, she will be entitled to a certain level of alimony along with equitable distribution of assets. While Florida is debating alimony reform, the situation still remains that negotiations will determine how much the breadwinner will pay to the other spouse.

-  If over the course of the marriage the parties acquire assets, regardless of how they are titled, attorneys and even forensic accountants will need to review documents to see how to value then equitably divide and distribute those assets as well. Asset division is not that hard; valuing assets may be difficult.

-  If one or both spouses own a business that could affect taxable income and division of assets. While courts generally don’t divide businesses, it’s an asset with value. What’s more, if one spouse owns a business, the other may seek indemnification in case the owner under-reported income, misstated earnings, or took improper deductions reflected on tax returns filed jointly during the course of the marriage.

When you remove the children’s issues, baby boomer or senior divorce still requires the counsel and guidance of a skilled family law attorney

The Law Offices of Barry I. Finkel P.A., handles complex divorce litigation for a variety of clients at every stage of life – including empty-nest and retired high net worth individuals. As a divorce and family law firm, the practice serves the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1992, and now in Boca Raton, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling circumstances. For a consultation or to schedule an appointment, please call 954-776-1414.