Law and Rights
- Iphone Gps App Assists Husband In Uncovering Wife's Cheating
On behalf of Edwards & Associates posted in Divorce on Friday, October 28, 2011 The new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife...
- Lottery Winner May Have To Share Jackpot With Separated Spouse
Lottery Winner may Have to Share Jackpot With Separated SpouseOn behalf of Edwards & Associates posted in Property Division on Thursday, January 20, 2011 In a stunning combination of good luck and bad luck, a 29-year-old Idaho woman won a share...
- Florida Alimony And Alimony Reform
Most clients accept that they will have to split their joint assets in a divorce. But, four issues really seem to strike a nerve in men. Military divorce clients typically find it very hard to accept that their spouse is going to leave them...
- Waste And Dissipation Claims: Is There A Statute Of Limitations?
In a divorce proceeding, clients often ask how far back the Court will look when assessing whether a party engaged in waste or dissipation of marital assets. Equitable distribution of marital assets is governed by section 61.075, Florida Statutes. Under...
- Is Per Diem Properly Included In Income For Purposes Of Calculating Florida Child Support?
As a Tampa family law attorney, I handle a large number of military divorces. These cases present a number of unique issues. One of the issues that often arises is how to account for military allowances and benefits from a family law perspective....
Law and Rights
Can I Get My Family's Diamond Engagement Ring Back in My Divorce?
Divorce clients often ask whether an engagement ring is considered a marital asset in subject to equitable distribution. In the case of short-term marriages, some Husbands will even inquire whether the ring will be returned to them.
Under Florida law, when the parties become married, the Husband no longer has any right to seek a return of the engagement ring. Nor is the ring marital property to be included in the equitable distribution scheme. In short, the ring is simply a premarital gift that is owned solely by the Wife. See Melvik v. Melvik, 669 So. 2d 328 (Fla. 4th DCA 1996); Greenberg v. Greenberg, 698 So. 2d 938 (Fla. 4th DCA 1997).
Most clients accept that the law allows the Wife to keep her engagement ring. The issue is more complex where the ring is a "family heirloom" that previously belonged to a member of the Husband's family.
In one case, the Husband asked the Judge to order that the "heirloom" ring be returned to him. The Court did so, ordering that the ring would be passed on to one of the parties' children. Florida's Second District Court of Appeal reversed this "Solomonic" decision, reasoning that there is no special consideration for a ring that is a family heirloom. See Randall v. Randall, 56 So. 3d 817, 818-819 (Fla. 2d DCA 2011).
In Randall, there was no reference to any agreement requiring the Wife to return the ring in the event of a divorce. If the parties reached any agreement, the Husband may have a civil claim to recover the ring.
If you have questions about your rights in a dissolution of marriage case, contact an experienced Tampa family law attorney.
- Iphone Gps App Assists Husband In Uncovering Wife's Cheating
On behalf of Edwards & Associates posted in Divorce on Friday, October 28, 2011 The new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife...
- Lottery Winner May Have To Share Jackpot With Separated Spouse
Lottery Winner may Have to Share Jackpot With Separated SpouseOn behalf of Edwards & Associates posted in Property Division on Thursday, January 20, 2011 In a stunning combination of good luck and bad luck, a 29-year-old Idaho woman won a share...
- Florida Alimony And Alimony Reform
Most clients accept that they will have to split their joint assets in a divorce. But, four issues really seem to strike a nerve in men. Military divorce clients typically find it very hard to accept that their spouse is going to leave them...
- Waste And Dissipation Claims: Is There A Statute Of Limitations?
In a divorce proceeding, clients often ask how far back the Court will look when assessing whether a party engaged in waste or dissipation of marital assets. Equitable distribution of marital assets is governed by section 61.075, Florida Statutes. Under...
- Is Per Diem Properly Included In Income For Purposes Of Calculating Florida Child Support?
As a Tampa family law attorney, I handle a large number of military divorces. These cases present a number of unique issues. One of the issues that often arises is how to account for military allowances and benefits from a family law perspective....