Essay playbook
The Contentious Divorce
Work through The Contentious Divorce as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
After 18 years of marriage, Husband (a surgeon earning $500,000/year) and Wife (who left her nursing career 15 years ago to raise children) are divorcing. During the marriage, they acquired: - Marital home worth $800,000 - Husband's retirement account: $600,000 - Wife's inheritance from her mother (kept in separate account): $200,000 - Joint savings: $150,000 They have two children: Emma (16) and Jack (10). Both children wish to live primarily with Wife. Six months before filing for divorce, Husband quit his surgeon position and took a job as a hospital administrator earning $120,000/year. He claims the stress was too much. Wife seeks: 1. Primary time-sharing with children 2. Permanent alimony 3. 60% of marital assets due to her sacrifice of career
Scored issues to spot
Inheritance kept separate is NON-MARITAL. Other assets are marital.
Subject: Family | Points: 10
FL starts at 50/50 but can deviate based on factors including career sacrifice.
Subject: Family | Points: 15
2023 reform ELIMINATED permanent alimony. Durational alimony available instead.
Subject: Family | Points: 15
18-year marriage (moderate-term) = 60% cap. Maximum 10.8 years.
Subject: Family | Points: 10
Court can impute income to voluntarily underemployed spouse at prior earning capacity.
Subject: Family | Points: 15
Custody based on best interest. Children's preference considered but not controlling.
Subject: Family | Points: 10
Model answer
**1. MARITAL VS NON-MARITAL PROPERTY** - MARITAL: Home ($800K), Husband's retirement ($600K), joint savings ($150K) = $1,550,000 marital - NON-MARITAL: Wife's inheritance ($200K) - kept separate, remains her separate property
**2. EQUITABLE DISTRIBUTION** Florida starts at 50/50 but considers factors including career sacrifice. Wife gave up nursing career for 15 years. Court may deviate in her favor, though 60% is at the high end. Likely 50-55% to Wife.
**3. NO PERMANENT ALIMONY (FL 2023 Reform)** Wife CANNOT receive permanent alimony—it was ELIMINATED by the 2023 reform. She may seek DURATIONAL alimony instead.
**4. DURATIONAL ALIMONY CALCULATION** - Marriage length: 18 years (moderate-term: 10-20 years) - Cap: 60% of marriage length = 10.8 years maximum - Amount based on need and ability to pay
**5. IMPUTED INCOME** Husband's voluntary underemployment (quitting $500K surgeon job for $120K administrator) allows court to IMPUTE income at his earning capacity. Alimony and support calculated on $500K, not $120K.
**6. CHILD CUSTODY / TIME-SHARING** - Best interest of child standard governs - Shared parental responsibility is presumed - Children's preferences (Emma 16, Jack 10) are considered but not controlling - Emma's preference given more weight due to age - Primary residence with Wife likely given stability and children's wishes