FAQs – Second Marriage Divorces in Florida
Florida consistently ranks high among Nationwide Divorce Rates. Hillsborough County (Tampa) has a divorce rate of around 12.7%. with divorces in Pasco County being slightly above national average at 13%. Although there has been a slight decrease nationally in first marriage divorce rates, 2nd marriage divorce rates remain high at around 60%.
Pinellas County has a divorced population of 15.5%, with men divorcing less frequently than women (13.2% compared to 17.6%). According to divorce.com, Pinellas County, Florida, has one of the highest divorce rates in the state, with some divorce rates being at or exceeding 20%. For instance, In South Pasadena, 22% of its residents have been divorced at least once.
The law that governs the divorce process in Florida is standard, whether it’s a first, 2nd or 3rd marriage. However, a second marriage divorce is unique due to the differences of the circumstances of the couples involved. We address this and answer some FAQs for Second Marriage Divorces along with a few key differences below.
If you need immediate assistance or if you would like to consult with a divorce attorney at Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys, please call (813) 879-4600 or send us a secure message below.
2nd Marriage Divorces and Finances
Q: Are Financial Settlements in a 2nd Divorce Handled the Same as a First Divorce?
A:Yes. Florida divorce law applies to any Florida marriage. Typically, it’s the couple’s situation that is different such as:
- Accumulated Assets & Liabilities: Couples who married for a 2nd time, often do so later in life may have accumulated assets and debts that can make “equitable distribution” and property division more complex.
- Marital Property vs Separate Property: Couples who enter into 2nd marriages often do so with more separate assets and property. It’s important for your Tampa Bay divorce attorney to fight for your rights and address unique or complex property division matters including: Inheritances, gifts, comingling of funds, personal injury awards, dissipation of assets or other aspects of equitable distribution.
Second Marriage Divorces & Alimony Awards
Q: Under the new Florida alimony law, can I still get alimony from my second spouse?
A: Yes. However, the type, amount and duration must be according to Florida law. Alimony is never guaranteed and if a spouse is paying alimony to their previous spouse, it can effect future alimony awards to subsequent spouses.
Blended Families – 2nd Marriage Divorces & Parenting Time
A: 2nd marriages frequently create blended families. In Florida, each parent is responsible for the financial needs of their biological children. If there is an order for support from a previous divorce, this can effect the amount of support for any subsequent children. Step-parents generally have no ‘parental rights” to their step-children, unless the children were legally adopted. Negotiating a sound, detailed parenting plan for your shared minor child will be highly beneficial. Coordinating parenting time in conjunction with an existing custody order, may cause some additional challenges. Drafting a very meaningful and detailed parenting plan for your shared biological child is highly recommended.
2nd Marriage Divorces – Over 50, Retirement, High Assets
Q: I am over 50 and divorcing my 2nd spouse. We have no minor children together but we did enter into the marriage with higher than average assets, retirement accounts and investments. We have no pre-nuptial. Will they be entitled to my retirement accounts.
A:: It’s important to note that your Tampa divorce attorney should have experience negotiating the
terms of your divorce, including the division of retirement benefits. Not all assets are subject to
“equal” division. Yours and your spouse’s retirement and pensions are also subject to scrutiny
under Florida’s equitable distribution laws. Nilo J Sanchez & Associates will review assets to
properly divide and negotiate including any taxes on benefits and will follow through on filing a
QDRO if applicable in your divorce settlement.
Prenuptial Agreements and 2nd Marriages
Q: Are Prenuptial Agreements in a 2nd Marriage Recommended?
A: Yes. Prenuptial agreements in any marriage can define the financial or other aspects of a settlement in the event of a divorce, particularly those who bring into the marriage a substantial amount of assets or wealth.
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