Sanford, FL Divorce Law Firms & Lawyers

The standard family law restraining order typically only applies to the parties and their minor children during a divorce. It's unclear whether you're going through a divorce or now; however, I advise you consult with a local family law attorney for more clarification on this issue.

  Potentially.  The general law in Florida is that any gift a person acquires from a third party (in this case your mother) during a marriage does not become a marital asset subject to division at the time of divorce.  So far, so good for you.    However (don't you hate that there is always a "however"?), if any "marital labor" goes into the house during the marriage, whether your "labor" or your wife's "labor", the increase in the value of the home as a result of this labor is factored into the appreciated value of the home, and a portion of this  "increase" in value  may be subject to division between your wife and you in the event of a divorce.    Marital labor generally refers to any efforts made by either party to improve the home.  For example, if you fix the house up, add new floors, put in a pool, remodel the kitchen (you get the idea) with marital money then this can be considered in the increase in value if there is a divorce.  Also, you do not mention whether the home will be subject to a mortgage.  Again, if your wife and you pay down a mortgage during the marriage, the amount paid down is considered in a formula that could allow your wife to make a claim against the home in the event of a divorce.   Now, with that said, how do you protect this asset?  The best way is to enter into a postnuptial agreement that  specifically excludes the house, including any appreciation, marital labors, etc., from assets subject to division if there is a divorce down the road.  Do not go this one alone.  You do need an attorney well versed in family law to assist in drafting such a document if you want it to stick.  However, your wife may not want to sign such a document, and there is no way to compel her to do so.  Another alternative is that your mother keeps the home in her name.  Then if you do not own it you cannot be obligated to split it.   Best of luck, Cindy Vova info@vovalaw.com 954-316-3496  

It is important for you to consult with an experienced family law attorney in your area to discuss your rights. There are many factors in Arizona that determine an award of spousal maintenance, including the length of the marriage. You do not say whether or not you were married during his military service, or how much of his military service. What share you receive from his pension will be determined, in part, by how much of that pension was earned during the marriage.