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Can a Michigan court override a Florida court's ruling in a divorce case?

Can a Michigan court override a Florida court's ruling in a divorce case?

Q: Does my spouse have access to my inheritance?

In Florida, your spouse generally does not have access to your inheritance, as it is classified as non-marital property. However, if the inheritance is mixed with marital assets or used for joint purposes, it could complicate matters. To ensure your inheritance remains protected, keep it separate and document its status.

Q: Can my wife take my inheritance in a divorce in Florida?

In Florida, your wife cannot take your inheritance in a divorce, as it is considered non-marital property. However, if the inheritance has been combined with marital assets or used for joint expenses, it may be subject to division. It is important to maintain clear records and keep inherited assets separate to protect them.

Full question:

Divorce case the husband, a resident of Florida, owned an inherited percentage of a Florida family partnership from which he derived a sizable annual income. In Florida, spouses are not entitled to inherited income. During earlier years the husband had borrowed substantial amounts of money from his parents and since he no way to satisfy his debt, his father and mother sued for his share of the partnership. The father had promissory notes to prove the debt and the Florida Judge ruled in their favor. The husband was later sued for divorce in the state of Michigan where his spouse had been residing. The husband was still a resident of Florida. There was a prenuptial agreement that stated the wife would receive 20% of the husband___s income. The Michigan divorce judge ruled that the husband acted in bad faith in allowing his partnership percentage to be taken and therefore overruled the decision by the Florida Judge. He treated the husband___s former income as imputed income and based the amount to be paid to the wife on the imputed income.In a divorce case can a Michigan court (judge) over rule an earlier judicial decision made by a Florida court?

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Florida

Answer:

It’s not accurate to say the Michigan judge overruled the Florida court's order. Instead, a divorce case can involve different legal considerations. In divorce proceedings, judges often award assets based on prior court judgments that may have depleted marital assets. In this situation, the Michigan judge likely used the Florida court's judgment to establish that the husband acted in bad faith by allowing his partnership share to be taken, which justified treating his income as imputed income for calculating support payments to the wife. Judges have discretion in divorce cases to make awards based on the specific facts and circumstances, aiming for fairness in property division and support. For more information on when income may be imputed in divorce cases, consider reviewing Michigan case law, such as Moore v. Moore, 242 Mich. App. 652 (2000). We recommend consulting a local attorney to discuss the specific details of your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is my spouse entitled to my inheritance when we get divorced in Florida?

In Florida, inherited assets are generally considered non-marital property. This means that your spouse is typically not entitled to your inheritance in a divorce. However, if the inheritance has been commingled with marital assets or if it has generated income that has been used for marital purposes, it may be subject to division. It's important to keep inherited assets separate and document their status to protect them during a divorce.

How to protect inheritance from divorce in Florida?

To protect your inheritance from being divided in a divorce in Florida, keep it separate from marital assets. Avoid using inherited funds for joint expenses or investments. Consider placing the inheritance in a separate account and not mixing it with marital funds. Additionally, a prenuptial agreement can help clarify the status of inherited assets, ensuring they remain yours in the event of a divorce.

What is the asset distribution for divorce in Florida?

In Florida, asset distribution during a divorce follows the principle of equitable distribution. This means that the court divides marital assets fairly, but not necessarily equally. Factors considered include the length of the marriage, contributions of each spouse, and economic circumstances. Non-marital assets, such as inheritances, are typically not subject to division.

What is the spousal inheritance law in Florida?

Under Florida law, inheritance is considered non-marital property. This means that if one spouse inherits assets, those assets are not subject to division in a divorce. However, any income generated from inherited assets may be treated differently, especially if it has been used for marital purposes. It's advisable to keep inherited assets separate to maintain their non-marital status.