Divorce and the wedding gifts…who gets what?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have some clients who just realized they made a mistake.  The marriage is only 3 months old, or one year old, or anything inbetween, making it a short lived experience.  The question becomes who gets what.

In short term marriages, generally there is no entitlement to alimony or attorneys fees, unless a prenuptial agreement says otherwise.    As far as equitable distribution of assets and debts goes, what  you come into the marriage with you go out of the marriage with…unless it is joint property.

Wedding gifts to either party is considered marital or joint property.  However, in short term situations, where the parties can reasonably discuss the fact that they rushed into something and made a mistake, then usually they can agree that the wife’s friends and family gifts go to her and the husband’s friends and family gifts go to him.  If there is something of exceptional value, then one party should “buy out” the other.  Another way to divide the wedding gifts, yet more difficult,  is by value.  Ideally, the two parties should come out with relatively the same amount of value.

Another topic in divorce is who pays for the wedding?  If one party paid for the wedding, that is seen as a voluntary act, pre marital.  If, by agreement, the parties can split the costs,  the marital settlement agreement should indicate that. 

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Get your spouse out of the house!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve decided to get a divorce, but now you want to separate.  How do you get your spouse out of the house?  To accomplish that goal, you must understand why your spouse won’t go, just by you asking.

First there is the emotional reason.  If you are the one who wants the divorce, why should he/she leave the home.  You go, is the rationale.  Understand that when one party wants a divorce in the state of Florida, the other party has no choice.  A divorce will be had.  There is no fault in this state.

Aside from the emotional reason, there is the financial one.  I can’t afford two households, is normally the lament.  Get used to it, is the retort.  One does not lose their property rights by merely vacating the premises. 

Lastly is the children. Spouses believe if they move out or away, they lose their chilidren.  This is not true.  The new laws put into place time sharing for both parents.  That is now public policy. 

The surest and quickest way to get a spouse out of the house is, unfortunately, domestic violence.  The police are called, if there are wounds, the wrongdoer is carted away for at least two weeks until there is a hearing. 

If a divorce is already pending in the courts, the easiest way to get a spouse out of the house is by agreed order.  Come to an agreement as to time sharing with the children and finances, and the spouse will go confidently knowing an enforceable contract is in place. 

For more information about this divorce topic or other information, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.