Santa Rosa Beach Law Blog

When Floridians are crafting an estate plan, they will frequently consider the basic and obvious devices like wills and trusts. For many, however, there are other concerns that they want to address. That includes what will happen if they have medical issues, become incapacitated or are on life support as the only means to keep them alive and they cannot make decisions on their own. It is in these cases that durable powers of attorney can be useful.

Understanding state law in relation to these arrangements is a foundational part of the decision-making process as to whether it is necessary and desirable or not. With the durable power of attorney, a surrogate will be named to determine if the person - the principal - should stay on life support. This is often used as part of a person's living will. When the durable power of attorney is created, to be valid it must be signed with two adult witnesses.

Florida is a state where many people of significant means like to congregate. This is no surprise given the agreeable climate, abundant outdoor activities and lavish homes for them to choose from. However, a state that has so many people who are wealthy will also have its share of divorces. A high asset divorce must be handled differently than one of more modest means. A major part of that is having legal help to go through the assets and property that are part of a high asset divorce and to seek a fair settlement. When facing the litany of issues in such a case, having legal assistance is a must.

With a high asset divorce, there is a good chance that it will also become a high conflict divorce with the parties in dispute over residences, jewelry, automobiles, bank accounts and more. Often, there is a business at stake and both sides either want part of it or they want to be compensated based on its worth. If there are children in the marriage, the parties will likely battle over custody and visitation. Once that is determined, they will then disagree about how much support will be paid to the custodial parent. This too requires qualified legal advice.

The Sunshine State remains one of the most popular destinations for retirees from all over the United States. Florida's warm, humid climate can drastically improve the quality of life for those suffering from the pains of aging, such as arthritis.

Additionally, Florida has many active retirement communities and activities for older adults looking to divert themselves during retirement. From golfing to aquatic adventure opportunities, there are many benefits to moving to Florida for one's golden years. However, those who stay in Florida until they die may encounter an unexpected complication.

When a Florida marriage ends, one spouse will often seek spousal support, also referred to as alimony, as part of the case. This is true whether it is a high asset divorce or a divorce of more modest means. Simply because there is a request on the part of one spouse to receive alimony does not mean it must be a high conflict divorce. However, even while some cases are relatively amicable and one spouse does not have a major issue paying alimony to the other, there are many cases where the situation is contentious and a dispute is likely. No matter what, knowing what factors will be considered is something everyone should understand.

The court will make factual assessments regarding the need for alimony and the other party's ability to pay. Once it is decided that there is the need and the ability to pay, there are many factors that will go into how much it will be. The marriage will have had a certain standard at which the couple lived. That must be maintained when determining alimony. The length of the marriage will be a factor. The spouses' ages and their physical and mental conditions will be weighed.