#marital property

Status Update on the Florida Supreme Court case of Hahamovitch v. Hahamovitch

Posted by on Sep 2, 2014 in Prenuptial Agreement
No Comments

As promised, the firm of Sidweber & Weintraub, P.A, is providing an update of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) pending before the Florida Supreme Court. As discussed in our prior blog, this case involves the validity and interpretation of a Prenuptial Agreement, and the issue of waiver of appreciation of a spouse’s non-marital and/or pre-marital assets. (more…)

Are you Going Through a Divorce and your Spouse Owned Real Property at the Time of your Marriage?

Posted by on Aug 15, 2014 in Pleadings
No Comments

When you married your spouse, did he/she own any real property, or their own home? Did you and your spouse make payments towards the mortgage during your marriage, with marital funds? If the answer to both questions is “yes”, then you are entitled to share in the increased equity in your spouse’s residence, at the time of your divorce. (more…)

Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.

Posted by on May 29, 2014 in Prenuptial Agreement
No Comments

In the case of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) the Fourth District Court of Appeal requested that a controversial issue concerning the specific interpretation of Florida prenuptial agreements should be brought before and decided by the Florida Supreme Court. The specific and technical issue relates to a spouse’s right to claim an interest in the marital appreciation and growth of the other spouse’s assets, in light of certain waivers and language as contained in the Prenuptial Agreement previously executed by the parties. This case was eventually adjudicated by the 15th Judicial Circuit, Palm Beach County, with Sidweber & Weintraub, P.A. representing the Wife. (more…)