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marital property

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

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

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

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

Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.

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.Read More »Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.