Recent Florida Family Law Cases You Should Know About

In Florida family law, recent appellate decisions highlight important issues related to alimony, equitable distribution, and the service of process. These rulings provide clarity on how courts interpret procedural rules and evaluate financial matters in divorce cases. If you are navigating a family law issue, understanding these rulings can help you better prepare for your own case. Let’s dive into some of the key takeaways from recent Florida appellate decisions.

Proper Service of Process: KMG Props., LLC v. Owl Constr., LLC

While this case primarily concerns civil procedure and the service of process, the principles of service can also impact family law cases involving business interests or other entities.

The Court’s Ruling: In KMG Props., LLC v. Owl Constr., LLC, the trial court incorrectly vacated a default judgment due to an alleged irregularity in the return of service. The return of service indicated that the process server had served a summons to an individual at the registered agent’s office after confirming the individual’s authority to accept the summons. The trial court had ruled that the failure to label the service as “substitute service” made it invalid, but the appellate court disagreed.
Key Takeaway: The appellate court found that the return of service was regular on its face, and the lack of a “substitute service” label did not invalidate the service. It emphasized that service was proper under Florida law, even when the individual accepting service was not directly employed by the registered agent.

Application to Family Law: In cases where business interests or LLCs are involved, ensuring proper service of process is crucial. This case affirms that service should be evaluated based on the substance of the process, not the label used.

Set-Offs in Divorce: Sieberg-Shabbick v. Shabbick

The Sieberg-Shabbick v. Shabbick case offers a cautionary tale about the importance of raising issues during the litigation process and not after the fact.

The Court’s Ruling: The appellate court ruled that the trial court erred in awarding a set-off to the former husband for the rental value of the marital home. The former husband did not raise this issue as an affirmative defense or motion, nor was it tried by consent. The former wife objected promptly, making it clear that the issue was not part of the case.
Key Takeaway: Issues not raised at the proper time, such as a set-off for rental value, cannot be awarded without proper procedural steps. In family law cases, it is important to raise all arguments early in the process to avoid losing your opportunity to argue them.

Application to Family Law: If you are involved in a divorce and there are potential claims or defenses that could affect asset division, make sure they are raised at the appropriate time. Failing to do so could result in losing the opportunity to have those issues considered.

Alimony and Equitable Distribution: Duhamel v. Duhamel

In Duhamel v. Duhamel, the court addressed key issues related to alimony, asset valuation, and the taxability of alimony. This decision has several important lessons for those dealing with similar matters in divorce.

The Court’s Ruling: The trial court erred by ordering that the wife’s alimony award would be taxable as income, given the changes introduced by the Tax Cuts and Jobs Act after December 31, 2018. Additionally, the trial court improperly used the date the petition for dissolution was filed as the valuation date for the former husband’s retirement accounts, despite evidence that the accounts appreciated in value after that date. The appellate court also found that the alimony award was insufficient to meet the wife’s basic needs, and the trial court’s finding that the husband could not pay more alimony was not supported by the record.
Key Takeaways:
- Alimony awards made after 2018 are no longer taxable as income under federal tax law.
- The valuation date for assets should reflect their actual value at the time of final judgment, not just the date of the petition.
- Alimony should meet the recipient’s needs, and the court must ensure that the paying spouse has the ability to pay.

Application to Family Law: This case underscores the importance of accurate asset valuation and ensuring that alimony awards reflect the recipient’s needs. If you are seeking or paying alimony, the terms of your settlement must consider both the tax implications and the financial realities of each party.

Why Choose Fell Law Group?

These cases illustrate how the Florida courts handle important family law issues, from equitable distribution to alimony and service of process. At Fell Law Group, we understand the complexities of family law and are committed to helping you navigate the challenges of divorce, custody disputes, and financial matters.

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