Marital Settlement Agreements
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A martial settlement agreement has specific sections dedicated to certain aspects of the case. One part of the agreement may have to do with the children involved in the action, and another part may have to do with spousal support (alimony). When entering into a martial settlement agreement, both parties are agreeing to be responsible for what is in the agreement as it will be legally binding once ratified by the judge.
Experienced Orlando Men’s Divorce Attorney
Although the Men’s Divorce Law Firm will use dispute resolution to help resolve a case with the least amount of stress to the parties, we are fully prepared to aggressively represent the interests of our clients in the courtroom should a marital settlement agreement be impossible.
To discuss Marital Settlement Agreements, contact us today to schedule a consultation.
Request a Consultation
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Frequently Asked Questions About Divorce
I was ordered to pay alimony after my divorce several years ago and I recently lost my job. Can I quit paying?
An unexpected event such as the loss of your job can be devastating. We, and the court, understand that these things are happening more and more. While ultimately you may be entitled to relief from your obligation, do not use self-help methods. A Petition for Modification must be filed with the court. Relief may be granted retroactively to the time of legally seeking relief, but the obligation continues until a court order is entered.
My ex-Wife has been living with her new boyfriend for two years and told our kids that she won’t get married because then I won’t have to pay her any more alimony. A friend of mine told me that I don’t have to keep paying because she is cohabiting. Is that true?
Cohabitation is a consideration for modification of alimony in some circumstances, but not all. Any time that a party seeks to modify a prior agreement, that agreement must be thoroughly reviewed first. It may very well be that the original alimony award was non-modifiable, meaning exactly that. Further, while there is a statutory law that provides relief where warranted in cases of cohabitation, it is the burden of the paying spouse to prove by a preponderance of the evidence that the recipient spouse is in a legally supportive relationship. Just as in the determination of the original alimony award, several factors must be considered, and the facts of each case uniquely applied.
My Wife had an affair during our twenty-five year marriage so I won’t have to pay her alimony at all, right?
Marital misconduct adds an emotional element to a situation already wrought with grief and despair. The law states that the court may consider adultery of a spouse when determining the amount of alimony to be awarded. This does not mean that an award will not be entered. The court may consider the circumstances surrounding extra-marital affairs, and especially any dissipation of marital assets that occurred as a result of the relationship. As in all cases involving alimony, the facts of the case will be applied to the statutory facts and a need and ability pay analysis will be conducted.
I am about to get married and my fiancé and I agree that neither one of us will ask for alimony in the event we decide to divorce. Will a prenuptial agreement protect us?Your Title Goes Here
Prenuptial agreements can be effectively used to accomplish this goal. There are certain requirements that must be met to make prenuptial agreements valid contracts so the best course of action at this point is to have a qualified attorney draft the agreement for you.
