HD Law Partners Blog

When it comes to businesses started during your marriage, you may not realize that, if you do not properly protect that business, it could be split with your ex in the event of divorce. Some individuals even find themselves having to give up their own shares of a company they started – allowing their ex to buy them out as part of their settlement agreement – which can bring on feelings of tremendous despair and loss. Not only could you lose your business, but you would also have to split any growth in the value of that business that occurred during the marriage.

However, it is also important to realize that this does not have to happen, as there are ways to “divorce-proof” your business – as long as you plan ahead. First and foremost, keep in mind that the best time to do this is before you get married, and if you are already married, before you can even contemplate getting a divorce.

While many people realize that getting a divorce while sharing minor children can be complicated, divorcing while sharing children with special needs can be even more complex because parents often have to provide for these children and arrange for their care long after the children are no longer minors.

With the rate of divorce being around 85 percent amongst families of children with special needs, this is an important topic that deserves guidance and consideration, especially amongst family and divorce attorneys who are helping these families plan for the future.

Under every state law—including that of Florida’s—what is in the “best interests of the child” is what matters in terms of figuring out time sharing between parents and households. But what exactly does this mean in terms of a child with complex or severe disabilities, who may require lifetime services and support? What about a child with autism or sensory processing issues who may have a more difficult time with change and taking turns staying at one home, then another? In some circumstances, it is entirely possible that one home or parent may be better equipped to manage a child’s disability and special needs, and, frequently, additional financial support is needed in order to provide for special needs children.

According to data from the federal Office of Child Support Enforcement, more than $100 billion is currently pending in back payments owed to parents with custody of their children. In 2011 alone, unpaid child support totaled more than $14 billion.

Many people do not realize just how big of an issue failure to pay child support actually is, and this issue is only compounded when your child’s parent not only fails to pay child support, but also is also unemployed, untraceable, and/or has additional children from a separate marriage. In circumstances like these, working with an experienced family law attorney is the best way to ensure that you remain protected. Below, we discuss some steps you can take if you are owed child support:

Know Your Rights

You and your attorney should discuss your legal rights and responsibilities, as well as the pros and cons of going to court or entering into a settlement. One thing that you absolutely cannot do is prevent your ex from seeing your child in retaliation for failing to pay child support.

On August 30, Fatherly published a heartwarming story submitted by a reader that many divorced or close-to-divorced fathers—and parents in general—would likely find it is an interesting and worthwhile read.

The submission chronicles the story of a father who was thrown off—or rather, immobilized—upon hearing that his wife and mother of his children wanted a divorce. As he describes, divorce especially crushed him because he himself did not have a father figure growing up, and his one goal in life was to be a good father.

Below, we discuss some of the “lessons learned” from fathers who describe becoming better fathers—and sometimes even men—due to their divorce.

Lessons Learned

Up front, the author directly addresses things he should have done differently in his marriage with his ex—talking more, being more affectionate, going on dates, taking vacations, each spouse putting each other first, etc., and what it was like to finally find a partner—a true connection—to share his life with after his divorce. Ultimately, he states that being divorced taught him to be a better father—to value the time he spends with his children even more—and to ultimately put family before work.

Hurricane Irma cost the state of Florida approximately 2 million visitors and a loss of $1.5 billion in visitor spending. According to analyses, most waterfront tourism destinations also saw dramatic declines in the days immediately before the hurricane hit, which must also be taken into account in determining total lost income due to the storm event.

These statistics indicate just how important it is for hurricane claim insurance companies to thoroughly compensate businesses for damages, including lost business income, especially as we start to prepare for the next hurricane season.

South Florida Hotels Hit Hard

Perhaps no business owners feel this loss more than South Florida hotels, some of which have still not reopened due to significant water damage. In the days before the storm hit, a lot was done to move everything that was outside inside, as well as take other precautions that undoubtedly interfered with guests staying there, including staff and guests evacuating the hotel. The storm did damage to guestroom buildings, spas, drywall, paint, carpeting, and furniture, leading to mold and mildew, and occupancy inevitably plummeted long after the storm passed.

On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can be made—approval processes that are in place for every homeowners’ association, and for good reason.

While the scope of each of these architectural committees varies depending upon the association, most associations have them in order to preserve balance and uniformity within the association. Before each individual owner does any exterior work, they typically have to seek advance approval from this committee so that the committee can preserve a harmonious design for the community and protect the value of the property itself.

People tend to make a lot of assumptions when it comes to divorce, assumptions that can either leave you surprised and in a bind, or looking bad to a court, depending upon what activities you engaged in.

Below, we discuss some factors, issues, and behaviors that surprisingly do not impact divorce settlements.

Florida has what’s known as an “equitable distribution” policy; meaning that marital property is fairly divided between the divorcing parties. Therefore, even if you have been a stay-at-home parent or vice versa—you have been working more—this does not mean that the one earning the money ends up with a larger overall share.

Alimony is a sum of money, lump sum or over a period of time, which a husband or wife is required to pay to his or her former spouse after a divorce and ordered by the court. In fact, in deciding alimony, courts may consider the following:

Also keep in mind that not every inheritance that you receive during your marriage turns into fair game for your divorce negotiations; in fact, the law dictates that as long as this asset is kept separate and was not commingled with marital assets, it can be classified as a non-marital asset to which the non-owning spouse does not have access. If this is of concern, you will want to ensure that you work with an experienced divorce attorney to keep it separate from your shared accounts or assets, regardless of what stage you are at in thinking about or negotiating a divorce settlement.

Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common.

In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the air conditioning, heating, and ventilation, and malfunctioning fire sprinkler heads—the association filed a lawsuit against the general contractor, Whiting-Turner Contracting Co., as well as a number of associated subcontractors, such as the fire sprinkler contractor, Century Fire Protection Inc., alleging the companies failed to build the condo according to building plans and Florida Building Code standards. Other problems facing the association included defective longitudinal seam welds in the piping, improperly condensed water systems, lack of water treatment, premature unit pump failures, and rusting and scaling of pipes; all of which failed to meet minimum standards. Below, we discuss some of these claims in greater detail.

An interesting article featured in This Insider on June 16th presented a new perspective on divorce; one that reflects marriage as a success instead of a failure. This is rooted in the concept that, if one of the best outcomes of marriage is personal growth, growing out of the relationship is simply one path that growth might take. Instead of change being fearful, it can, instead, be embraced.

In other words, if marriage exposes your selfishness and immaturity, and continually demands that you grow in ways you could not have anticipated, sometimes both partners change so drastically that they realize their marriage isn’t helping them live the life they’d like to.

A marriage that ends in divorce can ultimately teach you about yourself and how you behave in relationships, and deciding to leave one when it is unfulfilling can even be likened to leaving a dead-end job; it means that you knew when it was time to make a change. Conversely, what could be considered a failure is staying in a marriage—or similar situation—that is “sucking the life out of you.”

In late May, Coastal Breeze News featured an important article discussing when homeowners have tried for long enough to settle their Hurricane Irma claims with their insurance carriers, and whether there has been insurance bad faith. Below, we discuss this issue in greater detail.

Florida Homeowner Claims Bill of Rights

Florida has what’s known as the Homeowner Claims Bill of Rights, which every insurance company providing residential property insurance policies must provide to homeowners within 14 days of receiving any initial communication related to a claim (with the exception of any “state of emergency” declared by the Governor).

Specifically, the Bill of Rights provides that you have the right to:

The Bill of Rights also provides a number of recommendations, including:

Note, however, that the Bill of Rights does not create a civil cause of action against an insurer. When an insurance company acts in bad faith, a separate law in Florida creates a statutory bad faith cause of action against the insurance company which allows homeowners to recover costs and attorneys’ fees if they prevail. Still, it is wise to work with an experienced attorney to first file a Civil Remedy Notice with the Florida Department of Financial Services that the insurance company is acting in bad faith.