Family Law

In a recent family law case, the Florida First District Court of Appeal ruled that a court cannot equitably distribute a spouse’s social security benefit as a marital asset. The court cannot even value the benefit and consider it as a marital asset to “indirectly” divide it by awarding the other spouse other assets to offset it. The First District Court held that actual Social Security Benefits are not subject to equitable distribution pursuant to 42 U.S.C. section 407(a).

Each state has slightly different family-related laws, as does the federal government. In the area of child support or child maintenance, the state of Florida has child support guideline tables like the one below:

Here are several questions to ask before choosing a divorce lawyer:

What practice areas do you handle?

A law firm does not need to focus exclusively on family law to do a phenomenal job in your case. In fact, having a well-rounded practice is usually beneficial, as many family law attorneys do not regularly handle trials. A law firm that focuses on trial law, as well as family law, is equipped to litigate your case if a trial becomes necessary. This is especially important if you believe your case will be highly contested.

What is your approach to divorce?

Before you enter into an attorney-client relationship with a divorce lawyer, sit down with the lawyer and talk about his or her approach to family law cases. Some lawyers are quite aggressive and will immediately take a hostile approach on your behalf. If you like this style, obviously this particular lawyer will appeal to you. On the other hand, you might appreciate a more subtle, collaborative approach. This type of collaborative process works best when both sides are actively communicating and engaged in working toward goals that benefit all. So ask yourself this key question: Which route would benefit you most, collaboration or confrontation? The important thing is to discern which type of approach your lawyer likes to use.

How much will this cost?

The national average for divorce lawyers is $250 per hour; however, these rates tend to vary by location, issues involved in the case, and whether the spouses agree on important matters, such as child custody and division of property. It’s usually impossible to say how long a case will take to reach a resolution. This is why outside of a prior flat fee arrangement, a lawyer can’t really put a price tag on the final fees until the case is over.