Are life insurance proceeds recieved after action filed marital?

Florida's 4th District Court of Appeals looked at this issue in Ross v. Ross decided on October 7, 2009. The parties in this case were married for six (6) years before suit was filed. The Husband and his brother had a lawn business before and during the marriage. Both the Husband and his brother owned "key man" life insurance policies naming the other as beneficiary. After suit was filed but before the divorce case was tried, the brother died and the Husband received over $1 million dollars as beneficiary of his brother's life insurance policy. The Wife argued that the proceeds were marital and subject to equitable distribution. The lower court agreed but the appellate court said no. The court reasoned that since there was no asset prior to suit being filed and the event that caused the expectancy to become an actual interest occurred after suit was filed, the proceeds were non-marital.

Evidence is Key

The difference between a conversation and a court hearing often revolves around proof. Proof is the ability of one party to show the Court that what they are saying is accurate. Sometimes the only proof is a person's sworn testimony but obviously, documentary proof or evidence, is preferable. A recent appellate decision out of Florida's 1st District Court of Appeals highlights this issue. In Chaney v. Fife, the Appellate Court decided last month that the slew of mistakes made by the trial court required the case be overturned. The underlying case involved issues of paternity, custody and child support. One of the many identified problems was that he trial court did not have any evidence to support its calculations for each party's federal tax liability. And worse, whatever evidence was presented was not written down by the Court it its findings of fact. Preparation and presentation of the underlying proof of the facts is crucial for trial.

IMMEDIATE INCOME DEDUCTION ORDERS

Florida law with regard to child support has changed effective October 1, 2009. The statute as amended now allows parties to request that child support not automatically be paid by an
income deduction order (i.e. an order making employers withhold payment of child support and send it to the State Disbursement Unit to be then sent on to the other parent) as long as the Court feels that direct payment is in the child's best interests. However, the amended statute also provides that if there is not an immediate income deduction order and there is a failure to pay on time in the future, any party may subsequently file an affidavit with the State Disbursement Unit (SDU) alleging a default. Fifteen (15) days thereafter the SDU shall notify all parties that future payments shall be paid through the SDU. No other court action is required.

KIDS' ANSWERS TO LIFE'S BIG QUESTIONS

I've seen this e-mail or one going around like it a few times. It's funny in and of itself and it's also kind of/sort of true.

It also reminds me of a situation relayed to me by my 7 year old daughter recently. She had one boy in her class that she would say is her "boyfriend" but recently he stepped on her fingers so she said she was through with him and now she's pretending a different boy is her boyfriend. Who can blame her?

HOW DO YOU DECIDE WHO TO MARRY?

"You got to find somebody who likes the same stuff. Like, if you like sports, she should like it that you like sports, and she should keep the chips and dip coming." -- Alan, age 10

"No person really decides before they grow up who they're going to marry. God decides it all way before, and you get to find out later who you're stuck with."-- Kristen, age 10

WHAT IS THE RIGHT AGE TO GET MARRIED?

"Twenty-three is the best age because you know the person FOREVER by then." -- Camille, age 10

HOW CAN A STRANGER TELL IF TWO PEOPLE ARE MARRIED?

"You might have to guess, based on whether they seem to be yelling at the same kids." -- Derrick,age 8

WHAT DO YOU THINK YOUR MOM AND DAD HAVE IN COMMON?

"Both don't want any more kids." -- Lori, age 8