There is a common misconception that if one spouse moves out of the marital home prior to or during a divorce proceeding that they have “abandoned” the home and are no longer entitled to any of its value in the divorce. In Florida family law courts this simply is not the case.
Regardless of whether one spouse leaves the home voluntarily or involuntarily, they are still entitled to a portion of the equity (or debt) of that residence as part of the divorce. Credits may be given to the remaining spouse or either spouse who continues to pay the mortgage when dividing the equity, but this still does not lend itself to any issue as to whether abandonment has occurred or whether one party is relinquishing a right to an interest in the property by moving out.
There are, however, many other issues to consider when one spouse leaves the home, and Mackey Law Group is willing and ready provide advice if you are contemplating a divorce.
By: B. Kyle Stalnaker, Esq.
Auto Accident with an Uninsured Driver
A motor vehicle accident is always a stressful event. To make matters worse, even if the accident is someone else’s fault, that other driver may have little to no insurance to help you recover financially. If you planned right, your own insurance policy will be your saving grace; this portion of your auto policy known as Uninsured/Undersigned Motorist Coverage (“UM” Coverage) essentially details what your maximum recovery will be in such a situation.
Every Florida automobile insurance policy allows their insured to select UM Coverage, along with many options to decrease or increase the amount of the UM Coverage. You can also elect to “stack” your coverage with other vehicles on the same policy, further increasing the maximum payout to you for any injuries or loss.
So, take the time to understand your auto insurance policy and consider electing UM Coverage if you have not already done so. In the unfortunate event you are involved in an auto or motorcycle accident with an uninsured or underinsured motorist, Mackey Law Group’s experienced personal injury attorneys will be able to navigate your insurance documents and determine the maximum monetary award you are entitled to receive.
By: Catherine Mackey, Esq.
B. Kyle Stalnaker, Esq.