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Tallahassee Florida Legal Blog

A look at how a Florida divorce impacts your retirement plans

As you get closer to retirement age, you may actually find yourself feeling quite nervous about leaving your job and embracing your golden years. For those in an unhappy marriage, retirement could sound infinitely worse than working for the rest of their lives. Imagine feeling trapped at home with someone you no longer relate well to or simply don't get along with for the rest of your life. It's common to feel that after so many years, you don't have any other option.

The truth is that it doesn't matter how long you've been married or what age you are. Divorce is always an option for ending an unhappy or unhealthy marriage. In fact, since the 1990s, divorce rates among adults age 50 or higher have basically doubled. Many factors contribute to this increase, including longer life expectancy and decreasing social stigma for divorce. If you're considering a gray divorce, however, you should take a moment to consider the potential impact on your retirement.

Maintaining bonds with your child after a divorce

In Florida, parents who get a divorce will potentially need to make changes to how they interact with their child. Divorce can be a big shake-up in any child's life, and extra effort might be needed to keep a parent-child relationship at the same comfortable level that it had been prior to the divorce.

FindLaw writes about easing the strain of divorce on a child, which can be vital to maintaining parent-child bonds. One of the best things that one can do to ease fears of abandonment and feelings of loneliness is to always put the children first. No matter how bitter a divorce might be, parents should keep in mind that everything said or done during the process can have a lifelong impact on their children. Make sure that the number one priority is reassuring children that they are wanted, needed and loved. Allow them to understand that this will still be true even after the divorce.

Do we have to sell our house when divorcing?

When going through a divorce in Florida, you and your spouse will be presented with what may feel like a seemingly endless number of tough decisions to make. How will we split time with the kids? Who will take the kids on key holidays? What debts do we need to split? Do we need to split a retirement account? Another equally challenging choice to make is what you will do with your family home.

Especially if you have young kids still at home, you might want to maintain the stability in their living situation. Your spouse may say they want to stay in the home with the kids and you want to be nice and make that happen. While there may be a nice aspect to that approach, The Mortgage Reports suggest you proceed with caution. One piece of advice would be to encourage your ex to get a new mortgage in their name only.

Do grandparents in Florida have visitation rights?

If you are a grandparent living in Florida, you may want to obtain legal visitation rights to your grandchild for any number of reasons. Maybe the relationship between your grandchild’s parents is especially acrimonious and your child’s former partner prevents you from visiting, or maybe you have concerns about your grandchild’s parents abusing substances, and you want to do right by your grandchild.

According to the Florida State Legislature, Florida grandparents may be able to obtain visitation rights with regard to their grandchild, but they can do so only under specific circumstances. In the first scenario, you may be able to secure legal grandparent visitation if both of your grandchild’s parents are dead, missing or in long-term, vegetative states.

The importance of a title report

Before purchasing any piece of real estate in Florida, a title report should be ordered. It is the responsibility of the buyer to review this report carefully and Redfin explains that there generally is only a small window of time in which any response to the contents can be provided. This may even include invoking the title contingency if something looks serious enough to make the buyer decide not to continue with the purchase.

Among the many things that a title report will show is the existence of any encroachment or easement on the property. Zillow adds that the existence of any requirements related to the designation as a historical property may also appear on the title report.

Equitable distribution states could help you avoid taking on debt

You went into your marriage not quite sure about what your husband owed in debts. You knew that you both went to school and had loans, and you were sure he had some debt from credit cards. Still, yours are reasonable, and you assumed his were reasonable, too. You lived comfortably, and you never expected his debts to be out of control.

Several years into your marriage, you decided that it wasn't working. Your husband stopped coming home early in the day, so you never really saw each other. You got a new job, so you were driving further each day. You grew apart.

Is a postnuptial agreement right for you?

When Floridian couples tie the knot, you expect to be in it for the long haul. However, things change, and you may now be considering the idea of getting a divorce. You may not have gotten prenuptial agreement before you were married, but what about a postnuptial agreement?

According to Investopedia, postnuptial agreements aren't only for couples who are considering getting a divorce. However, they can be used as a tool if divorce is a possible option. A postnuptial agreement is simply an agreement made after you've gotten married. In this agreement, you and your spouse can divide your responsibilities, obligations, and of course, financial assets. This way, you will have a plan already worked out if you do decide to get a divorce.

What are the different types of visitation arrangements?

When a couple divorces, there are different possible custody arrangements when a child is involved. The parents could share joint custody—where the child splits their time equally between both parents. If this arrangement is not deemed to be in the best interest of the child, then one parent may have sole physical custody and the other may have visitation rights—the right to periodic visits with the child.

There are three main types of visitation arrangements. The court will look at the specifics of each case to determine which arrangement is appropriate:

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