Law Office of Ada M. Barreto, P.A.Law Office of Ada M. Barreto, P.A.2023-04-20T20:47:26Zhttps://3571949.findlaw4.flsitebuilder.com/feed/atom/WordPress/wp-content/uploads/sites/1402141/2021/06/cropped-favicon-32x32.pngOn Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499432023-04-20T20:47:26Z2023-04-20T20:47:26ZPeople can potentially make claims against multiple policies
A motorist who isn't at fault for a crash will make a claim against the coverage of the driver who is responsible for the wreck in most cases. Every driver in Florida should have at least $10,000 worth of property damage liability coverage that will reimburse someone else for the cost to fix or replace a vehicle following a collision.
Motorists can also make a claim against their own policy for injury-related expenses. Florida requires $10,000 in no-fault personal injury protection (PIP) coverage. This PIP coverage applies regardless of who is to blame for the crash. In some cases, drivers will have more liability coverage, including bodily injury liability coverage. However, some motorists will only have $10,000 to repair their vehicle and their own PIP coverage after a crash.
Lawsuits may be appropriate when insurance falls short
Those who need to buy a brand-new vehicle because theirs is no longer safe to drive or who will miss months of work during their recovery after a crash may need to look into their options for a civil lawsuit after a wreck. A claim against a driver who caused a crash and did not have adequate insurance coverage could lead to full compensation for someone's lost wages, medical expenses and other costs.
Understanding how much help insurance will (and won’t) provide in the wake of a crash can help people respond appropriately with the assistance of an experienced legal professional after a major motor vehicle collision occurs in Florida.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499412023-03-28T17:03:41Z2023-03-28T17:03:41Z1. Hidden assets
The more property that couples acquired during a marriage, the more opportunities the spouses will have to potentially hide resources from one another and the courts. People who want to retain certain property may lie about their holdings.
High-asset divorces may lead to one spouse funneling money away from marital accounts into a secret fund that they do not disclose to the courts. One spouse might also grossly misrepresent the financial value of their personal property in the divorce or move actual possessions out of the marital home in the hopes that their spouse won't notice they've gone missing.
2. Asset dissipation
When couples have more property to share, they want to waste shared resources and reduce how much they divide in the divorce. Dissipation could look like going on a shopping spree and maxing out the shared credit cards two days before filing for divorce. It could also look like spending thousands of dollars on travel and gifts while conducting an affair.
3. Support disagreements
Maybe one spouse left the workforce to raise the couple's children, or perhaps they still have young children who will require a lot of time and effort for the next few years. The higher standard of living in high-asset divorces can make it much more difficult for spouses to reach a viable agreement about spousal support or child support.
Couples that have more shared resources can generally expect higher levels of conflict and a greater likelihood of financial misconduct on the part of their spouse during the divorce process. Learning about the issues that could complicate a high-asset divorce can help those preparing for family court spot warning signs of misconduct and other concerning potential challenges that an attorney will need to work to address.
]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499392023-02-27T00:08:51Z2023-02-27T00:08:51ZMarital contributions are subject to division
Some people protect their income or their retirement savings with a prenuptial agreement. However, while marital agreements have become more common, they are only present in a portion of modern divorces.
For those without an agreement, typically any amounts deposited during the marriage will be subject to division in the divorce. It does not matter whether someone had a retirement account prior to marriage. While they can protect the deposits made prior to marriage, the balance accrued during the marital relationship is subject to equitable division.
At the very least, the value of the marital portion of the retirement account will be an important consideration when dividing the couple's property. One spouse could potentially lose half of their retirement account or even more depending on how they negotiate their property division settlement or what a judge decides would be appropriate.
Fees and penalties are avoidable
There are risks associated with taking money out of a retirement account before someone reaches retirement age. Taxes and early withdrawal penalties could siphon thousands of dollars away from a retirement account already diminished by the need to split the funds within it.
Thankfully, those dividing retirement savings in accordance with a divorce decree will be able to avoid such penalties in most cases. Having one of the lawyers involved draft a qualified domestic relations order (QDRO) and then submitting that document to the plan administrator can allow for the straightforward division of the one account into two separate accounts with no penalties or taxes applied unless either spouse makes a withdrawal from their individual account later.
Although some loss of retirement savings is likely for each spouse in the average divorce, it is possible to minimize these losses by setting specific priorities during divorce negotiations and understanding the QDRO process. Identifying which marital assets are worth the most can help couples prepare for complicated upcoming divorce proceedings. Seeking legal guidance can also help each spouse to ensure that their interests are protected as they move forward.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499372023-01-23T20:15:09Z2023-01-23T20:15:09Zolder divorcing women in a disadvantageous position. Further, if she has retired (completely or partially), getting back into the workplace can be especially difficult. Although it’s illegal, age discrimination in employment is still a reality.
What is considered when spousal support is determined?
Negotiating a spousal support agreement can help you maintain the standard of living you’re used to can help considerably. Florida law allows courts to consider the “standard of living established during the marriage” in determining alimony. They will also consider things like:
How long the marriage lasted
The earning potential of both spouses
How much each spouse contributed to the marriage – economically and non-economically
Both spouses’ post-divorce assets
If your spouse retires, however, they could seek a modification the spousal support order. That’s one reason the property division portion of the divorce is especially crucial.
The property division agreement is especially important
It’s important to know the short-term and long-term value of assets you’re seeking (or that are being offered) as well as the tax implications. Having financial and tax advisors on your divorce team can help you make informed decisions. It’s important, however, to get your own advisors and not to rely on those whom you and your spouse have retained over the years. You need professionals who have no conflicts of interest.
Whether you and your spouse are able to work out most of your agreements without court intervention or you have to present your case to a judge, having sound legal guidance behind you can make all the difference.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499352022-12-21T19:37:59Z2022-12-21T19:37:59Zslip and fall. If you’re in a commercial establishment, make sure you report the incident so there’s a record of what happened. This could become valuable if you opt to pursue a compensation claim. Be sure you get a copy of the report. Additionally, document who took the report and their position with the company.
#1: Indoor and outdoor incidents
Slip-and-fall accidents can occur indoors or outdoors. It’s up to the property owner to ensure that people who visit can remain safe while they’re there. These incidents typically fall under the premises liability area of the law, regardless of whether they occur indoors or outdoors.
#2: Many different causes
Wet floors are a common cause of slip-and-fall accidents. Businesses should use warning signs to alert people to this hazard. Other common causes include uneven or broken pavement, loose rugs, unprotected cords in walkways, and objects left on the floors.
#3: Catastrophic injuries are possible
It’s possible to suffer a catastrophic injury in a slip-and-fall incident. Hitting your head could lead to a traumatic brain injury. Broken bones are possible from trying to brace yourself as you fall. Landing on a hip could lead to a fracture. Even spinal cord injuries may occur when you fall. Several factors, including the surface you land on, determine the injuries’ seriousness.
Anyone injured in a slip-and-fall incident should ensure they get medical care, even if they don’t think they’re injured. If the accident was due to the negligence of another party, you may choose to seek compensation for the financial damages related to the injuries you suffered. This can include claims for lost wages, medical bills, and other expenses. Florida has specific time limits for these cases, so don’t delay getting started.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499332022-11-30T22:24:17Z2022-11-30T22:24:17ZFactors from the marriage determine someone's alimony rights
Florida state law allows judges to carefully review a family's situation when deciding if alimony is necessary and appropriate given the circumstances. Any promises made in a marital contract, like a prenuptial agreement, can affect a judge's ruling on alimony requests.
The standard of living during the marriage, the career sacrifices made to support the family and even the health of each spouse will influence what a judge orders. In most cases, the goal of alimony is to provide short-term support for the financial rehabilitation of a dependent spouse.
However, in situations involving severe health issues, special needs children who will never live independently and marriages that lasted for decades, the courts may sometimes award permanent alimony to a spouse incapable of supporting themselves.
Having accurate financial records is important
Your chances of securing alimony when you need it or minimizing alimony when an ex claims it will depend in no small part on the records you have of your finances and your marital situation. The more documentation you have supporting your side of the story, the more likely it is that a judge will agree with you.
Those worried that a judge could make a choice that forces them into a situation of financial hardship may want to consider negotiating with their ex to settle alimony matters outside of court. Otherwise, a judge's interpretation of the situation will be what decides your financial future. Making sense of Florida's rules related to alimony requests can help those trying to plan for their future during a divorce.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499312022-10-17T20:21:28Z2022-10-17T20:21:28Zmandatory insurance coverage lapse because they failed to make monthly payments. Other drivers intentionally cancel their policies after renewing their vehicle registration to save a little bit of money.
What happens if you get into a car crash and the driver to blame doesn't have insurance?
Your own policy helps
Florida does have a unique approach to insurance that benefits those hurt by uninsured drivers. Your no-fault bodily injury coverage will protect you even when you are not at fault for the crash. Some drivers pay for extra coverage, but many only have the $10,000 in coverage required by state law. There are limits to how much that coverage will pay, and it only applies to medical expenses, not lost wages.
If you have uninsured motorist coverage on your policy, that extra protection could also help. You can make a claim against that coverage for the vehicle repair bills and lost wages that a liability policy could have theoretically covered for you.
You may need to go to court
Uninsured drivers have broken state law and left themselves vulnerable to civil lawsuits. You can file a personal injury lawsuit after a crash caused by someone's violation of traffic laws or negligent behavior. The courts may award you compensation for any expenses that insurance would typically cover.
You could potentially obtain more compensation than insurance would provide, as the limits will reflect your costs rather than the coverage available. Sometimes, when crash costs are extreme and the other driver has few resources, third-party liability claims may also become necessary.
Knowing the options available to you after a car crash caused by an uninsured driver will protect you from the financial hardship caused by that wreck.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499292022-09-20T18:04:31Z2022-09-20T18:04:31ZMost divorces cost thousands of dollars
Florida has the 15th highest divorce costs in the country. Those with children spend an average of $20,300 on divorce, while those without children spend an average of $13,500.
Of course, if you cooperate with your spouse and file an uncontested divorce, the costs for legal representation in court time could be a fraction of those averages, which reflect litigated divorce expenses.
You have to share much of your property
The longer your marriage lasted, the more you may have to lose in the divorce proceedings. Some couples have marital agreements that designate certain property as separate and therefore not subject to division.
For those without such agreements in place, almost everything that they earned, received or acquired while married will be part of the marital estate. Gifts and inherited property will usually remain the separate property of one spouse, but most everything else is subject to division. You will either have to agree on how to split that marital property or allow a judge to divide your marital estate in an equitable or fair manner.
Support may last for years
If you have children with your spouse and earn more than they do, you may have to pay child support, especially if you have less parenting time with the children. In some cases, the courts may also award a dependent spouse alimony or spousal maintenance. Typically, alimony lasts for a fixed amount of time to help someone reach financial independence. However, there are rare cases in which such support may last indefinitely.
The combined impact of paying for divorce dividing your assets and meeting support obligations could be tens of thousands of dollars. Some people have to temporarily reduce their standard of living or adjust their retirement plans to absorb those costs. However, many people view such expenses as a reasonable price to pay for their own happiness and mental health.
Learning more about divorce in Florida can help you feel comfortable with the changes that will come with the end of your marriage.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499272022-08-22T18:30:13Z2022-08-22T18:30:13ZMarital circumstances dictate alimony
The length of your marriage, the standard of living you enjoyed during the marriage and your earning potential all affect what the courts may decree is appropriate regarding alimony in your case. The most important considerations when a judge determines if alimony is appropriate include the need of the spouse requesting alimony and the ability of the other spouse to pay.
The amount and duration of alimony will also vary from case to case. For most couples in Florida, alimony will only last a set amount of time. The goal of short-term alimony is to allow one spouse to regain the necessary skills to support themselves financially. Alimony frequently only lasts a year or two. There are a few, rare, circumstances in which longer-term alimony may be possible.
Situations with decades-long marriages that end in divorce and scenarios where one spouse is too old or too unhealthy to work could all lead to permanent alimony orders. A situation where one spouse will have lifelong obligations to a shared child with special needs might also lead to long-term or permanent alimony.
Alimony orders can change
Even if there is an obligation to pay alimony initially after the divorce, the circumstances for you and your ex can always change. Issues ranging from job loss to remarriage can lead to alimony modifications and possibly the end of payments in some cases. Both the spouse receiving alimony and the spouse paying it will have the right to ask for a modification in certain circumstances.
Learning the state rules for alimony can help you understand what to expect in your upcoming divorce.]]>On Behalf of Law Office of Ada M. Barreto, P.A.https://3571949.findlaw4.flsitebuilder.com/?p=499222022-07-21T19:40:42Z2022-07-21T19:40:42ZThe law recognizes several kinds of separate property
You don't need to divide your separate property in a Florida divorce. Only marital assets are at risk in divorce litigation. Usually, it is the date of acquisition that determines if certain property is marital or separate. Items that you buy during your marriage and the paychecks you earn after your wedding are typically all marital property.
However, there are some assets that will be your separate property. Items that you owned before you got married and that you maintain separately can still be your sole property. Assets that you inherited or received as gifts from someone other than your spouse can also be separate property. Finally, property that you specifically protected as separate in a marital agreement will also have protection from division in divorce proceedings.
Financial records play a major role in property division
If you intend to demonstrate that the majority of the balance in your retirement account or your cottage across state lines in Georgia is your separate property, you will need to perform a careful review of your financial records to ensure you can justify making such claims. The more thorough you are when reviewing your property and placing a value on it, the easier it will be for you to secure an appropriate outcome in your divorce proceeding.
Learning more about how Florida divides your property can help you estimate what to expect in your divorce.]]>