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• Protecting premarital assets — Although property held prior to marriage is generally exempt from distribution, there is a danger that it may be found to have been converted to marital property through commingling or other means. A prenup prevents keeps the property separate.
• Carving up post-marital acquisitions — If you and your spouse make joint investments, the prenup can establish how they will be divvied up. If you enter a business venture together, the prenup can specify ownership percentages and how profits or debts will be allocated.
• Controlling spousal maintenance (alimony) — A prenup can limit the amount of alimony payable to either spouse, but it cannot completely waive a spouse’s right to financial support, especially if there’s a significant disparity in income.

• Providing transfer of assets — A prenup can ensure that assets are directed towards the intended beneficiaries, such as the children from a previous marriage.
• Specify inheritance rights — The prenup can clarify how inheritances from separate property will pass to children, avoiding future disputes.
• Address spousal support for stay-at-home parents — A prenup can establish spousal support for a parent who chooses to stay home and raise children from a blended family.

• Dictate child custody or support — Florida courts prioritize what’s best for the child, and a prenup cannot dictate custody arrangements or limit a parent’s child support obligation.
• Limit inheritance rights of children — A prenup cannot prevent children from inheriting what they’re legally entitled to under Florida law.

• The child’s age and developmental needs — Younger children often require more frequent and shorter periods with each parent, while older children might benefit from extended stays. The court will consider the child’s emotional maturity, ability to adapt to changes, and specific needs regarding schooling, extracurricular activities, and healthcare.
• The parents’ living situations — The proximity of each parent’s residence to the child’s school and existing social network plays a significant role. Courts will also consider the stability and quality of each parent’s home environment.
• The parents’ work schedules and availability — The court will evaluate each parent’s work commitments and flexibility to ensure they can dedicate sufficient time to the child.
• The parents’ history of parenting — The court will examine each parent’s past involvement in the child’s life, including aspects like discipline, emotional support, and participation in daily routines.
• The child’s relationship with each parent — The court may consider the child’s expressed preferences, although these hold less weight in younger children. However, the judge will assess the quality of the existing bond between each parent and the child.
• Any history of domestic violence or abuse — If there is evidence of domestic violence or any situation that could endanger the child’s safety, the court will prioritize the child’s well-being and restrict or deny parenting time with the abusive parent.

• Failing to disclose or denying the existence of an asset
• Fraudulently transferring the asset to a third party
• Creating and paying off a false debt
• Moving assets to offshore accounts
• Keeping money or other property in safe deposit boxes
• Creating false business expenses and losses
• Receiving and hiding unreported income

• The reasons for each parent seeking or opposing the relocation
• The nature, quality, extent and duration of the child’s relationship with each parent
• The age and developmental stage of the child and the likely impact that the relocation will have
• The feasibility of preserving the relationship between the non-moving parent and the child
• The child’s preference, taking into consideration the child’s age and maturity
• Whether the relocation will enhance the general quality of life for the child and moving parent
• Whether the planned relocation will improve the economic circumstances of the moving parent
• To what degree the non-moving parent has fulfilled his or her financial obligations to the other parent

• The cost and logistics of travel will mean that the child and the non-moving parent see each other less often than if their parents’ homes were within easy driving distance.
• The non-moving parent will not be present at many important events and venues, such as sporting activities, school plays and parent-teacher conferences.
• Alienation from the non-moving parent can occur, especially if the moving parent enters into another romantic relationship and perhaps remarries.
• The child may suffer emotional and psychological harm that can impair the ability to carry on social interactions.

• It is faster — Once a mediator is selected, the sessions can be scheduled right away and might be completed within a few days or weeks, compared with the months that a trial can take.
• It is confidential — Mediation sessions are held in private and the information shared is privileged. Spouses can discuss issues without fear their statements will be used against them.
• It is informal and versatile — Once mediation begins, disputes can be isolated and dealt with individually, which is a way to prioritize and simplify them.
• It gives the spouses more control over the outcome — In court, a judge makes the decisions, but in mediation, the parties can forge workable solutions and reach compromises.
• It is cost-effective — The speed of mediation itself makes it cheaper. Mediation also can avoid many of the expenses associated with litigation, such attorneys’ time preparing documents and making court appearances that may not result in a resolution.
• It lays the groundwork for post-divorce parenting — Mediation can be particularly helpful when children are involved, as it may foster a more amicable relationship between the parents.

• Get legal guidance — Each spouse should retain an experienced family law attorney during mediation to ensure they understand their legal rights and options.
• Come prepared — Spouses should do their homework to make sure they have a full picture of their financial situation and of other relevant facts.
• Communicate openly — Be willing to listen to the other spouse’s perspective. Also, refrain from interruption and confrontation.
• Keep emotions out of it — Spouses should not use mediation as a forum for venting, even though upsets can occur. Emotions can cloud judgment, which can lead to poor decisions.
• Identify your priorities — List in order the assets and privileges that are most important to you and those that you’re willing to concede. This can guide you and your attorney in negotiations.
• Be open to compromise — Mediation sessions typically involve give and take. If a property division or parenting plan is proposed, evaluate its merits and propose tweaks.

• Operating a business or business venture in the state or having an office or agency here
• Owning, possessing or holding a mortgage or lien on any real property in the state
• Contracting to insure a person, property or risk located in the state

• Hidden Assets — Divorce cases involving offshore assets are more susceptible to one spouse attempting to conceal assets or income in foreign accounts. Tracing and uncovering hidden assets can be an intricate process, requiring forensic investigators.
• Valuation challenges — A major hurdle is accurately determining the value of offshore assets or business holdings. Valuation can be particularly tricky due to varying accounting standards and the potential for partial or complete hiding of assets. Valuation often requires the assistance of financial experts well-versed in international financial matters.
• Jurisdictional complexities — Florida courts do not have jurisdiction over foreign assets, making it crucial to determine which court has the authority to make decisions on disposition of these assets. International treaties and agreements may come into play.
• Enforceability of judgments — Even if a Florida court issues an order of equitable distribution, enforcing it against offshore assets can be difficult. In some cases, the court order may be in conflict with the laws of the foreign jurisdiction. If a foreign country does not recognize or enforce a U.S. divorce judgment, additional legal proceedings may be necessary.
• Tax implications — Offshore assets often come with complex tax implications, including potential excise taxes and reporting requirements. A divorce attorney with expertise in international tax matters can help navigate these waters and minimize liabilities.
• Language and cultural barriers — Communication barriers and differences in cultural norms can add to the challenges in such litigation. Legal documents, financial records and negotiations may need translation and cultural interpretation to bring about a fair resolution.
• Preventing asset dissipation — When a divorce is imminent, a spouse with offshore assets might attempt to dissipate or transfer those assets to avoid including them in equitable distribution.

• Alimony duration — There are now clearly defined limits on how long alimony payments can last after a marriage ends. These time limits are based on the duration of the marriage itself, so that payments align more closely with the circumstances of each specific case. For short-term marriages (those lasting less than a decade) alimony payments can last up to half the duration of the marriage. For moderate-term marriages, which extend up to 20 years, alimony can last up to 60 percent of the length of the marriage. For long-term marriages, alimony can extend up to 75 percent of the length of the marriage.
• Alimony calculation — To ensure fairness and consistency in alimony determinations, the new law introduces a formula for courts to employ when determining alimony amounts. The formula takes the difference in the annual incomes of each party and multiplies it by 35 percent. For example, if the difference is $100,000, then alimony would be set at $35,000.
• Existing agreements — The new law does not automatically apply retroactively. It applies only to divorces filed on or after July 1, 2023. Alimony agreements from divorces filed before the effective date will stay in effect unless the parties follow the usual process for modification.
• Termination of alimony upon payer’s retirement — The new law adds a provision allowing a court to reduce or terminate alimony upon finding the payer has reached normal retirement age. The payer must prove that he or she has taken actual steps to retire and that the retirement reduces his or her ability to pay alimony.
• Other forms of alimony — Although permanent alimony is being phased out, other forms of alimony remain in place to provide financial support post-divorce. These include bridge-the-gap, durational and rehabilitative alimony. The latter, which is awarded to help the receiving spouse acquire education, training or work experience needed to become self-supporting, now has a five-year limit.