Akin Law P.A. Akin Law P.A.2026-11-11T16:00:35Zhttps://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[Protecting your home while qualifying for Medicaid in Florida]]>https://www.akin-law.com/?p=2549232026-11-11T16:00:35Z2026-11-11T15:48:39ZUnderstanding Florida's homestead protection
Florida treats a primary residence as an exempt asset when the applicant's spouse lives there or when the applicant intends to return home. However, single applicants are subject to a home equity cap. A home that exceeds that limit may affect eligibility. This oes not cover what happens to the home after the recipient passes away.
The risk many families do not expect
Florida's Medicaid Estate Recovery Program (MERP) lets the state recover care costs from a deceased recipient's probate estate. However, homestead protections shield property that a surviving spouse or eligible heirs inherit from these claims. The risk arises when the home passes through probate without a plan.
Protections for the spouse who stays home
If one spouse needs nursing home care, the spouse that stays at home is called the "community spouse." Florida law allows this spouse to keep a portion of the couple's assets through the community spouse resource allowance. The state also provides income protections to help make sure the community spouse has enough to live on.
Alternative legal strategies
Several legal tools can protect the home while preserving Medicaid eligibility. Some of these include:
Lady bird deed: Lets homeowners retain control during their lifetime while transferring the property to beneficiaries at death, generally avoiding probate and estate recovery.
Irrevocable Medicaid Asset Protection Trust (MAPT): Protects non-exempt assets after the five-year look-back period but may affect Florida homestead protections and tax exemptions
Caregiver child exception: Allows a penalty-free home transfer to an adult child who provided care for at least two years, delaying nursing home placement
Spousal transfer: Transfers ownership of the home to the community spouse without a penalty, potentially protecting it from estate recovery
The right strategy depends on your family's specific situation and how assets are currently structured.
Planning for long-term care is most effective when it starts early. Medicaid rules differ by state and change often. Florida has its own eligibility rules and planning requirements. An elder law attorney can review your situation and build a plan that fits current Florida law.]]>On Behalf of Akin Law P.A.<![CDATA[Addressing a financed vehicle during a divorce]]>https://www.akin-law.com/?p=2549212026-11-08T15:54:24Z2026-11-08T15:54:24ZRefinancing is common during a divorce
Frequently, both spouses share responsibility for debts that originate during the marriage. This is true even for debts that primarily benefit one spouse, such as a vehicle loan attached to their personal vehicle.
Particularly when each spouse has a financed vehicle purchased during the marriage, each person might retain the vehicle they usually drive and refinance the loan so it becomes their sole responsibility. They can then assume sole ownership of the vehicle.
Occasionally, more complicated solutions may be necessary. If the person who wants to keep the vehicle cannot qualify for a loan without a cosigner or if a spouse lacks sufficient resources to adequately compensate the other spouse for giving up their interest in the vehicle, addressing the vehicle may require careful consideration.
Exploring current financial obligations and resources carefully – with the assistance of a skilled legal team – can help people prepare for property division negotiations or litigation in family court. People who understand how to address specific assets empower themselves to push for the best possible outcome.]]>On Behalf of Akin Law P.A.<![CDATA[Changing a child’s last name after divorce in Florida]]>https://www.akin-law.com/?p=2549192026-10-22T03:47:30Z2026-10-22T03:47:30ZIf someone (usually a woman) changed their name when they got married, they sometimes choose to go back to their prior last name when the divorce. This is a highly individual decision based on a number of factors, including any children involved.
When a parent has a different last name than their child, it can confuse school and when dealing with other child-related activities. It can also prompt some additional scrutiny when traveling together – particularly by air.Whether a parent never took their spouse’s last name or they reclaim their previous last name in divorce, can they legally change their child’s last name to match their own?
What is the process?
In Florida, any parent or legal guardian who wishes to change any part of a minor child’s name must file a name change petition. The other parent must be notified of the intent to change the child’s name as long as they haven’t lost or given up their legal parental rights – regardless of how little parental responsibility or time-sharing rights they have after the divorce. If both parents agree, they can sign the petition together. Either way, there must be a court hearing to seek a judge’s approval and get a court order for the change. A judge has the final say in whether the name change can be made.Any parent petitioning for a name change for their child must provide details about any criminal history or creditor judgments they or their child has. They must attest that they have no “ulterior or illegal purpose” for seeking the change. There is no guarantee that a judge will approve a petition to change a child’s last name. That’s why it’s critical to be prepared to present a solid case for why it’s in their best interests. It’s a good idea to have legal guidance when taking this step.]]>On Behalf of Akin Law P.A.<![CDATA[Does moving out eliminate home equity claims during a divorce?]]>https://www.akin-law.com/?p=2548822026-10-15T23:57:23Z2026-10-15T23:57:23ZThe law protects both spouses
The right to a share of home equity does not stem directly from active possession of the property or living at the home but rather from the use of marital income to purchase the property and pay the mortgage. Spouses generally retain their right to joint ownership and a portion of equity even if they make the difficult decision to leave the marital home during the divorce for their own peace and safety. In fact, spouses who leave can sometimes even regain possession and may eventually move back into their marital home after the divorce.
People may need help understanding equitable distribution rules and determining what their marital assets are worth as they prepare for divorce. They may need an advocate while negotiating the retention of key assets, the division of financial resources and the responsibility for marital debts during the property division process. Working with an attorney makes it easier for people to push for the best property division terms possible at the end of a marriage.]]>On Behalf of Akin Law P.A.<![CDATA[3 times the courts may limit one parent’s time-sharing]]>https://www.akin-law.com/?p=2548802026-10-03T00:57:57Z2026-10-03T00:57:57ZTime-sharing or physical custody is an important element of shared parental responsibility. The law supports co-parenting and generally requires that judges keep both parents actively involved with the children, so long as doing so is in their best interest.
In fact, there is even a rebuttable presumption in state statutes that a nearly even split of parenting time is likely the best arrangement for honoring what is best for the children. What types of circumstances might inspire a judge to reduce one parent's time with the children?
1. Active addiction
If one parent struggles with substance abuse, they may pose a threat to the children. They might either neglect them or abuse them due to impairment or behaviors associated with addiction. When one parent has a substance abuse issue that they have not properly treated, the courts may reduce their time-sharing allocation.
2. Abusive behavior
Acts of abuse targeting the children can warrant the reduction or elimination of time-sharing for one parent. Additionally, the courts may consider the abuse of a co-parent when addressing time-sharing. Especially if the children witnessed the abuse, the courts may reduce one adult's time with the children or require supervised parenting time.
3. Severe instability
Medical challenges, mental health issues, a lack of stable employment or issues with housing can make it difficult for parents to provide the stability their children require. When one parent is in an unstable situation, the courts may choose to limit their parenting time to protect the children.Understanding what may influence court rulings about parenting matters can help people better prepare for court and handle negotiations more effectively. An attorney can help people assess their situation objectively and strategize for family court proceedings.]]>On 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.]]>