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Protecting Yourself in Your Ma...


Protecting Yourself in Your Marital Settlement Agreement in An Orlando, Florida Divorce

How can you protect your rights in your marital settlement agreement in an Orlando, Florida divorce? There are paragraphs you can include in your marital settlement agreement to protect your rights, including your rights to the property and support you receive, and to protect yourself from future costly litigation.

Make sure that each party has provided full and frank mandatory disclosure pursuant to Florida Family Law Rule 12.285. Make sure you include language that you waive appraisals and business valuations and are relying on your financial affidavits if you do not want to expend monies for the costs of valuations and appraisals.

Make sure that all your assets and debts are included in the marital settlement agreement. Make sure you Include clauses as to what will happen and how the assets will be divided,  if assets were inadvertently not mentioned in the marital settlement agreement.

Make sure that you address timesharing and incorporate a parenting plan executed by both parties into the marital settlement agreement. Also make sure you have prepared a child support guidelines worksheet that is agreed upon by both parties and that it is incorporated into the marital settlement agreement.

Make sure you spell out who will pay for the child or children’s medical insurance; and how any uncovered medical, dental, prescriptions, co-pays, orthodontic and counseling will be paid for if not covered by insurance.

If you are diving retirement accounts,  make sure you include that they will be divided by QDRO, if applicable; and who will pay the costs to prepare the QDRO paperwork.

Make sure you include a paragraph as to alimony and the amount, how it is payable and for how long; and when it starts and ends. If there is not going to be alimony, make sure you include a waiver of alimony,  if appropriate.

Make sure you include a clause regarding who is paying the attorney fees and costs in the case.

If you have more questions regarding a Marital and Family Law or Orlando, Florida divorce matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only; and it does not form an attorney client privilege.

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