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December 15, 2018.
posted in Divorce

On behalf of The Law Office of Gustavo E. Frances, P.A.

If you are planning to get divorced after the holiday season, you should definitely get familiar with these new laws affecting divorces, alimony, child custody, and child support in Florida.

Regardless of whether your marriage is already on the rocks or you are happily married, it is always a good idea to be up to date with the new divorce laws in Florida. A slew of laws affecting divorce will take effect on January 1, 2019, so if you have a feeling in your guts that next year will mark the end of your marriage, watch out for these new laws:

No More Alimony Deductions

Currently, Florida residents have a right to deduct the alimony they pay from their taxes. Starting next month, alimony will no longer be considered taxable income. Our Fort Lauderdale divorce attorney from The Law Office of Gustavo E. Frances, P.A., predicts that these shits in alimony will result in high-income spouses negotiating to pay less alimony because the paying spouse will no longer be able to deduct the alimony from his or her taxes.

We strongly suggest that you get divorced before 11:59 pm December 31, 2018, if you want to be able to deduct the alimony from your taxes. Any divorce decree signed starting from January 1, 2019, will be affected by the new alimony law.

Impact On Prenuptial and Postnuptial Agreements

As a result of the above-mentioned and many other changes to Florida’s tax law, there will be a significant impact on prenuptial or postnuptial agreements signed between fiancées or spouses. Yes, even those that have been in effect for years or even decades before 2019.

Our divorce attorney Fort Lauderdale warns that the new divorce laws in Florida in 2019 could nullify and void some of the key provisions in your prenuptial or postnuptial agreement. Schedule a free consultation with a lawyer to find out whether or not you need to renegotiate the terms of your prenuptial or postnuptial agreement before 2019.

Children Will No Longer Be Dependent Exemptions

One of the most seismic changes to Florida tax law in 2019 is that the exemption for each dependent will be eliminated starting next month. In other words, children will no longer be tax deductions to be negotiated between parents.

Currently, a large percentage of parents declare their minor children as dependent exemptions on their tax returns. As of today, only one of the parents can declare these exemptions, with many child support agreements containing provisions regarding who would claim the minor children as dependents.

But these provisions will make little to no sense starting from January 1, 2019, as parents will no longer be able to declare their children as exemptions.

If you are already divorced, the 2019 divorce laws may not affect you unless you or your spouse modify your existing divorce agreements in or beyond 2019. If you are considering modifying your divorce decree or any provisions in your child custody, child support, or alimony order, speak to an experienced divorce attorney in Fort Lauderdale or elsewhere in Florida to discuss your options.

Florida divorce law is complicated and complex as it is, but the new laws taking effect in 2019 have further muddled the waters. Make sure you get a free consultation from our Fort Lauderdale divorce attorney from The Law Office of Gustavo E. Frances, P.A., to find out how the new laws will affect you. Call our offices at 954-533-2756 today.

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