Akin Law P.A. Akin Law P.A.2026-09-27T23:29:07Zhttps://www.akin-law.com/feed/atom/WordPress/wp-content/uploads/sites/1604524/2021/08/cropped-favicon-akin-1-32x32.pngOn Behalf of Akin Law P.A.<![CDATA[3 common financial conflicts during a divorce]]>https://www.akin-law.com/?p=2548732026-09-16T16:33:28Z2026-09-16T16:33:28ZCouples often have a lot of questions about the asset division process during a divorce. Who gets the house? Who keeps the car? How are savings divided?
While it may seem like conflicts between divorcing couples are inevitable, there are some issues that tend to create more problems than others. These include:
1. Hidden assets
A divorce can be a major financial setback for some spouses. A spouse may attempt to keep certain assets after a divorce by hiding them. Hidden assets may be transferred to separate financial accounts, used on large financial investments or given to a family member to keep.
In many cases, hidden assets will surface with a careful examination of the couple's financial records. Once they've been located, everything belonging to the marital estate can be properly divided in the divorce.
2. Debt division
Couples may have a large amount of debt. Debt may be divided based on what is fair under Florida’s equitable division laws. That can create friction if the spouses don't agree on the source and purpose of any given debt. For example, one spouse may want each party to keep their own credit card debt, but the other may insist that the bulk of their debt was from a vacation that they took together and should be divided equally. Conflicts like that can drag a divorce out for an indefinite period of time.
3. Commingled assets
A spouse may keep separate assets they owned before a marriage, inheritances, and gifts after a divorce. However, absent a marital agreement that designates the property as solely belonging to one party, those assets can cease to be separate if they are commingled with marital funds.
Disputes over what property is separate and what is part of the marital estate can sometimes escalate conflicts during a divorce and lead to protracted battles.
Professional legal guidance can help with asset division during a divorce. A strategic approach to the asset and debt division process can help keep things moving and eliminate a lot of unnecessary strife.]]>On Behalf of Akin Law P.A.<![CDATA[Why the 5-year look-back rule calls for early Medicaid planning ]]>https://www.akin-law.com/?p=2548702026-09-11T14:30:52Z2026-09-11T14:26:56ZThe five-year review covers various asset transfers
The five-year look-back rule calls for early planning because a recent transfer can delay benefits when you need nursing home care. For Medicaid long-term care, the review generally covers 60 months before an institutionalized person applies for assistance. A gift or sale for less than fair market value can cause a penalty period, as the state’s institutional care guidance indicates. This delay usually begins when you apply and otherwise qualify for long-term care benefits, not on the transfer date.
Several mistakes can expose you to that risk, such as giving money or property to a child to protect it. For example, a $60,000 gift two years before entering a facility could delay assistance and leave the nursing home bill uncovered. You might also assume Medicare covers long-term nursing home care, although it generally pays only for short-term skilled rehabilitation under specific conditions.
Why advance Medicaid planning matters
Waiting for a diagnosis often leaves fewer lawful strategies. If placement becomes imminent, a rushed transfer can create the delay your family hoped to avoid. Several circumstances explain the urgency. Some of them include:
The review period lasts five years: A completed transfer generally remains within that window for 60 months.
Private costs can continue: You could owe nursing home charges throughout a penalty period.
Trust transfers can affect timing: Moving property into certain irrevocable trusts may begin a new five-year period.
A crisis may limit flexibility: Illness can make financial reviews, document signing and family discussions harder.
Starting several years before you need care generally gives you more ways to arrange your finances under Medicaid rules. Doing so may also allow everyone to evaluate tax and inheritance effects before changing ownership.
Early preparation can support your broader goals
Advance planning can arrange ownership through lawful methods that follow Medicaid requirements. It may also help preserve a family home and income for a spouse who remains in the community. A coordinated approach can connect these arrangements with your will, trusts, beneficiary designations and other estate documents.
That preparation has particular relevance in communities with many older residents. Volusia County’s aging population makes long-term care a pressing concern for most DeLand families. To address that need, our elder law attorneys work with households at every stage, from preparation to an immediate care need. Consider scheduling a consultation now to assess your timeline and goals before your available choices become more limited.]]>On Behalf of Akin Law P.A.<![CDATA[What happens to a family business during divorce?]]>https://www.akin-law.com/?p=2548662026-08-24T16:25:54Z2026-08-24T16:25:54ZMany family businesses are owned jointly by multiple family members, such as a married couple. They work together to run the business, and they may have different roles. At a small restaurant, for example, one spouse may do most of the cooking, while the other handles personnel and paperwork.
But what happens when that couple decides to get divorced? Because they are joint business owners, what do they do with their business during asset division?
3 main options
Couples in this position have three general options. The first is for them to sell the business. Because they both own it, selling converts it into a cash asset, which they can then split up during property division.The second option is for one person to buy out the other’s share. This transfers full ownership to one spouse, who gets to keep the business after the divorce. But it can be complex to buy out the other person’s share, and they may have to consider giving up other marital assets.A final option is for the couple to keep working together. This does not often work in high-conflict divorce cases, but it can be a viable solution during an amicable divorce. A couple may want to write a partnership agreement or otherwise redefine their business relationship, but then they do not have to sell the business at all. They can still work together, even after their marriage has come to a close.
Navigating a complicated divorce
Getting divorced as joint business owners can certainly be a bit complex. With valuable assets on the line, it is important for couples to understand all of their legal options.]]>On Behalf of Akin Law P.A.<![CDATA[Avoid the social media trap when dealing with divorce emotions]]>https://www.akin-law.com/?p=2548652026-08-16T00:01:48Z2026-08-16T00:01:48ZSocial media posts can be evidence
Anything that people share on social media can potentially play a role in court proceedings. The other party and their attorney can obtain social media documentation showing that one party disparaged the others, talked openly about certain types of misconduct or even made threats online.
Public posts, content shared to a filtered audience and even private messages or information shared in non-public groups are available for discovery during the divorce process. Everything people share online leaves a record, even things previously hidden by privacy settings or deleted by a user.
As such, avoiding all discussions of the divorce on social media is often the safest option for those worried about the outcome of property division or custody proceedings. People may need to find different ways to tap into their support networks, including having face-to-face conversations with trusted individuals or even attending counseling.
Having legal guidance can help people avoid mistakes that can seriously impact the outcome of an upcoming divorce. Asking a legal professional about social media concerns, for example, is a wholly appropriate – and potentially wise – approach to the start of the divorce process.]]>On Behalf of Akin Law P.A.<![CDATA[How to handle financial matters during a gray divorce in DeLand]]>https://www.akin-law.com/?p=2548602026-08-10T10:21:08Z2026-08-10T10:21:08ZFinancial considerations in a gray divorce
Financial security is one of the most crucial aspects when ending a marriage. Review your financial records before moving forward. The following financial factors should be taken into account during a gray divorce:
Dividing marital assets: Florida follows equitable distribution rules. This means marital property is divided fairly, but not always equally. It can be difficult to tell which assets are marital and which are separate after a long marriage. Looking through your financial accounts can help you understand your financial situation.
Dividing retirement savings: One of the issues that stands out when it comes to a gray divorce is the concern about retirement savings. After spending decades putting money aside for a secure future, you need to carefully review retirement accounts such as 401(k)s, pensions and other benefits. Certain employer-sponsored retirement plans may require additional legal steps, such as a qualified domestic relations order, to divide the assets properly.
Dividing the family home: The family home is also an important asset, so you have to consider whether keeping or selling the home best supports each spouse's financial circumstances.
If you are close to retirement or already retired, you may have fewer chances to increase your income. This makes it even wiser to plan your finances after divorce.
Handling finances with care
Separation can be an emotionally challenging time and disagreements about finances can add more stress to an already difficult situation. In a gray divorce, where you have spent many years building a life together, handling financial decisions with care and respect can help you move forward. Dividing assets and responsibilities fairly can reduce conflict and help each of you begin the next chapter of your life with greater peace of mind.]]>On Behalf of Akin Law P.A.<![CDATA[Strategies for finding hidden assets during divorce]]>https://www.akin-law.com/?p=2548532026-07-20T20:19:51Z2026-07-20T20:19:51ZDividing marital property depends on both spouses providing complete and accurate financial information. When one person attempts to conceal income or assets, it can complicate the process and affect the fairness of the final outcome.
If you are going through a divorce in Florida, understanding the signs of hidden assets can help you protect your financial interests. Finding hidden assets often begins with carefully reviewing financial records and identifying information that does not add up.
Review financial disclosures carefully
Both spouses are generally required to disclose their financial information during a divorce. Compare bank statements, tax returns, retirement accounts, investment records, and property information for missing accounts, unexplained transactions, or inconsistencies. Even small omissions may warrant a closer review.
Request additional financial records
If important information appears to be missing, the discovery process may allow additional financial documents to be requested. Records relating to bank accounts, business interests, real estate, trusts, retirement plans, and other assets can help provide a more complete picture of the marital estate.
Pay attention to lifestyle changes
A person's spending habits may reveal more than financial statements alone. Luxury purchases, expensive vacations, major debt payments, or valuable gifts that seem inconsistent with reported income could indicate additional assets or sources of money that should be examined more closely.
Look for unusual financial activity
Transfers between accounts, large cash withdrawals, newly opened financial accounts, or sudden changes in business income may deserve further attention. Reviewing financial activity over time can sometimes reveal patterns that would otherwise go unnoticed.
Keep detailed financial records
Maintain copies of financial documents, account statements, tax returns, property records, and correspondence throughout the divorce process. Organized records make it easier to identify discrepancies and respond to questions if additional information becomes available.Finding hidden assets can be an important part of protecting your financial future during a divorce in Florida. Taking a careful and organized approach may help ensure that all marital property is properly identified before it is divided. If you believe assets have not been fully disclosed or you have concerns about your financial rights, seek legal guidance to better understand your options and the steps available to protect your interests.]]>On Behalf of Akin Law P.A.<![CDATA[When and how to modify your child custody order in Florida]]>https://www.akin-law.com/?p=2548472026-07-01T15:54:38Z2026-07-09T15:52:14ZWhen you ask to modify a custody order
Florida courts value stability for children, so a parenting plan will not change simply because one parent prefers a different schedule. To modify an existing order, you generally must show a substantial, material and unanticipated change in circumstances since the court entered it.
The court will also consider whether the requested modification serves your child's best interests. Some changes that may satisfy this legal standard include:
Relocating for work
Developing a health condition that affects caregiving
Meeting your child's changing needs
Dealing with repeated parenting plan violations
Addressing concerns about your child's safety
Adjusting to changes in your work schedule
Not every change will qualify. Minor scheduling conflicts or routine disagreements between parents generally do not justify modifying an existing custody order.
Special rules apply when a parent wants to relocate
Florida has separate rules for relocation. If a parent plans to move at least 50 miles away for 60 consecutive days or longer, the relocation statute may apply. The court may review how the proposed move could affect the child's relationship with each parent, education and daily routine.
For example, one parent may remarry and plan to move to Jacksonville with the child. In that situation, the court will evaluate the case under Florida's relocation law before deciding whether to approve the request.
How the modification process work
A modification case usually begins when one parent files a petition with the court. The other parent receives notice and has an opportunity to respond. Many Florida family law cases include mediation before a judge considers disputed issues.
If the parents reach an agreement, the court may review and approve the revised parenting plan. If they do not agree, the court will decide the request after considering the evidence. In some cases involving immediate concerns, a parent may also request temporary changes while the case remains pending.
Modification is not the only legal process
A custody modification changes the terms of an existing parenting plan. Other family matters may involve different court proceedings instead. For example, a proposed relocation may involve Florida's relocation law, while repeated violations of a parenting plan may call for enforcement. A change in financial circumstances may also involve child support without affecting the parenting plan.
The issue involved will determine which type of proceeding applies. Florida law treats these situations differently, and each follows its own legal requirements.
Different situations call for different legal processes
Family circumstances can change in many ways, but not every change calls for the same type of court action. Looking first at what changed can help you better understand whether the issue involves modifying an existing parenting plan, enforcing the current order, addressing a proposed relocation or requesting a child support modification.
The reason for the requested change will determine how the court reviews the case. Knowing which legal process applies can help you understand what the court will consider.]]>On Behalf of Akin Law P.A.<![CDATA[Addressing title defects before a sale falls apart]]>https://www.akin-law.com/?p=2548512026-07-03T12:48:23Z2026-07-03T12:48:23ZJudges can correct inaccuracies in title records
Civil court judges have the legal authority to rule on ownership disputes. They can evaluate and rule on the accuracy of title records, including liens, easements and the owners listed on official county records.
In scenarios where the current information on record with county authorities does not accurately reflect who owns the property, what easements are in place and what means exist, people can file paperwork to initiate a quiet title action. Quiet title proceedings can eliminate blemishes that might otherwise delay or completely prevent residential real estate transactions. Judges can correct and update records that could impact eligibility for title insurance.
Requesting a hearing in court can help people preparing for real estate transactions to address title issues that could complicate a sale, transfer or refinancing attempt. An attorney can help gather evidence and submit the paperwork necessary when pursuing real estate litigation over title issues.]]>On Behalf of Akin Law P.A.<![CDATA[How to feel more empowered in a high-conflict divorce]]>https://www.akin-law.com/?p=2548432026-06-21T15:35:41Z2026-06-21T15:35:41ZGoing through a divorce under any circumstances can make anyone feel helpless at times. If the divorce wasn’t your idea or if the relationship with your soon-to-be ex is extremely contentious, you might feel that way more often than not.
Feeling helpless can lead to bad decision-making and difficulty asserting your rights and working toward the outcomes that are best for you. That’s why it’s critical to do things that will help you feel empowered. Let’s look at just a few.
Limit your contact with your spouse
If you’re in a high-conflict divorce, it’s generally best to minimize your contact (at least without your legal representative present) with your husband or wife. It’s probably not going to be productive, and it could lead you to say or do things that could be used against you.Avoid in-person and phone conversations whenever possible. Communicating through email, text and co-parenting apps can give you some distance as well as time to think about what you say and how you process what they say. Keep these communications, as you never know when you may need them as evidence or simply confirmation of something you agreed on.
Maintain boundaries and consistency
If your spouse has manipulative tendencies, they may suddenly turn on the charm or become the person you knew when you first met. They may do that to get what they want if being antagonistic doesn’t work, or just to throw you off balance.It’s crucial to maintain your boundaries and to remain consistent in your own behavior. Don’t start sharing things or admitting to insecurities just because your spouse suddenly seems approachable. Again, these things can be used against you.It’s smart to remain as consistent as possible in your tone, words and actions, regardless of theirs. If they don’t seem to be able to manipulate your emotions, they may spend less time trying to do that.
Get the professional support you need
If you don’t already have a therapist, it can help to get one. Many mental health professionals specialize in guiding people who are going through divorce. Having someone to talk over the challenges with can help you find your own voice and look at the situation from a clearer perspective.Having experienced legal guidance can be critical to working toward the agreements that will allow you to transition to post-divorce life on sound financial and emotional ground. The choice of a legal representative is one of the most important ones you’ll make.]]>On Behalf of Akin Law P.A.<![CDATA[Can your child choose which parent gets custody?]]>https://www.akin-law.com/?p=2548422026-06-15T16:27:27Z2026-06-15T16:27:27ZWhen going through a divorce, you and your spouse may not agree on what your child custody rights should look like. Say that both of you want to have sole custody after your marriage ends, rather than sharing custody. Your spouse suggests just giving the decision to your child. Ask them which parent they want to live with and let them decide what their future looks like.This may be concerning to you, especially if you are worried that your child would choose to live with your ex and not you. But is it even something the courts will allow?
Considering the child's opinion
The thing to remember about divorce court is that it is typically focused on the child's best interests. If the child is old enough, the court may consider their opinion. If they are a senior in high school, for instance, then what they want could carry a bit more weight with the court than if they are in elementary school—when they generally would not even be asked for their preference.But no matter what your child says, the court is still going to make the decision that it believes is best for that child's future. Often, this means that courts prefer joint custody, rather than assigning sole custody to either parent. So even if your child distinctly states that they only want to live with your ex, if the court believes it would be better for them to have a relationship with both parents, it can still set up shared custody.Navigating a situation like this can be complex and emotionally difficult, so it is important to understand exactly what legal steps to take.]]>