Author Archives: Jay Butchko

If You Are Contemplating A “Gray Divorce,” Take Steps To Protect Your Retirement Plans
Divorce has become more and more common for individuals who are 50 or older (sometimes called a “gray divorce”). The rate of divorce amongst this age group has roughly doubled since the 1990s, and for those 65 and older, it has tripled. However, that doesn’t mean that there’s a ‘one-size-fits-all’ approach developing; because being… Read More »

Legal Responsibilities When Golf Balls Damage Condo Associations
More often than not—especially in states like Florida, where golfing is quite popular—windows within a homeowners’ and condo associations are damaged by the golf balls that fly in from nearby golf courses. In many of these associations, the golf course is private and open to those in the association adjacent to it. When someone… Read More »

Too Many Hurricane Irma Insurance Claims Remain Grossly Underpaid Or Not Paid At All
According to the Palm Beach Post, with Florida only one and a half months away from the next hurricane season, less than 57 percent of Hurricane Irma insurance claims have been closed with insurance payments, leaving many home and business owners at a loss, wondering if they will ever hear back on their insurance… Read More »

Homeowners Associations, Insurance, And Leaky Windows After Florida Hurricanes
When it comes to figuring out whether a homeowners’ association is liable for damage, it largely depends upon a) what caused the damage and b) the declaration of condominium. Take, for example, windows in Florida homeowners’ associations that started leaking after Hurricane Irma: As a general rule, any damage done by a hurricane falls… Read More »

Florida Legislature Tackling Hurricane Issues
Following the significant damage that Hurricane Irma inflicted on the state of Florida, storm damage and recovery is a major priority on the Florida legislature’s agenda this year. The session opened on January 9th, with the Florida House focusing on storm preparations and recovery, and the Senate on economic damage. According to the National… Read More »

Flood Claims Likely Biggest Headache For Florida Hurricane Victims
When it comes to hurricane claims, the last thing that any Floridian wants to hear is that their claim has been denied. And yet that is the case for many in our state, especially when it comes to flood claims. In fact, according to statements made by the Federal Emergency Management Agency (FEMA) in… Read More »

Advice On Social Media During Divorce
As posting on social media becomes more and more popular, it also becomes relevant to divorce proceedings. Specifically, social media activities often either contribute to the cause of the divorce, or can be used against individuals in divorce proceedings. A study recently published in the Journal of Cyberpsychology, Behavior and Social Networking found that… Read More »

Eleventh Circuit Upholds Strict Standard For Finding Insurance Bad Faith Behavior
The U.S. Eleventh Circuit Court of Appeals (covering Florida) recently made a decision helpful to insurance companies fighting insurance bad faith claims. Specifically, the court held that no reasonable jury could find that an insurer’s failure to disclose information about additional insurance in its statutory insurance disclosure rose to the level of bad faith…. Read More »

Commercial Landlords & Tenant Bankruptcy
Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements. Rules: Before… Read More »

Becoming Financially Independent During & After Divorce
No divorce is the same as another—each one is unique based upon the relationship and the unique circumstances involved. Still, all divorces have at least one thing in common: the need to make intelligent financial decisions if you’re going through it. Below, we provide some guidance on how to ensure that you are “financially… Read More »