Work on the argument section of the Trial Brief. During Part 2 of the argument section, you will focus on alimony and equitable distribution, such as assets, liabilities, exclusive use and possession of the marital home, and attorney's fees.

In the discussion of your legal authority, make sure the favorable cases (Case Law) stand out and discuss how they apply to your client's case (Sarah's Wife). You also should include the unfavorable cases showing why they are different and how they should not apply to your client's (Sarah's Wife) case.

Do not just summarize your cases. Using the IRAC approach, analyze and apply them to your client's case so the judge will see how the cases should be used to rule in your client's (Sarah's Wife) favor. The following arguments find and add case law in the state of Florida.

IV. Alimony to continue care for the children due to being a stay-at-home mom since the first child.

Whether Florida's alimony factors are outlined in Fla. Stat. 61.08 allows a Wife, who has been a stay-at-home mother (key fact), to receive permanent alimony?

Wife to receive continued alimony to continue care for the children due to being a stay-at-home mom since a first child. In Florida's 61.08 Alimony State law the wife can receive support to continue to care for the children.

If the wife grains majority of the children fully or partially 61.13 Support of Children and time-sharing will receive child support from the Husband. The Wife has children the majority of the time and has been a stay-at-home mother since the children's birth. The Husband has always been the provider for both the Wife and the children and has an income. The Husband is more occupied at work than able to care for the children during hours they are at home as the Wife doesFla. Stat. Ann. 61.13.

The Alimony State law of Florida 61.08 that the Wife to receive alimony based on the following:

• The standard of living is established during the marriage.
• The duration of the marriage.
• The age and the physical and emotional condition of each party.
• The financial resources of each party, including the nonmarital and the marital assets and liabilities, are distributed to each.
• The parties' earning capacities, educational levels, vocational skills, and employability and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career-building of the other party.
• Each party will have responsibilities for any minor children they have in common.
• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
• All sources of income available to either party, including income available to either party through investments of any asset held by that partyFla. Stat. Ann. 61.08.

The Wife and Husband's marriage duration is over 23 years, and the Wife would be entitled to long-term alimony. The Alimony that the wife would receive will be to continue the lifestyle but continue to care for the children. Husband and Wife were married on March 3, 1998. They live in a common-law state. They have been married for 20 years. They met in high school and married when they both were 21. Husband and Wife are both 41. Neither one went to college until two years after they were married. The court will consider the duration of the marriage and how long the Wife has been a stay-at-home mother and wife. Once the Husband had graduated and started working in his field which is enough to support the family when the wife gave birth to their first child. The Wife came accustomed to the lifestyle and the children's care.

V. Equitable distribution of marital assets and liabilities.

Whether Florida's equitable distribution factors outlined in Fla. Stat. 61.075 (the law) would award the Wife the marital home for the children (legal question), as the children have become accustomed to their life there and it would be detrimental for them to have to move. Wife to keep the marital home to continue raising the children and distribution of marital assets and liabilities. Tim has a retirement account that has $400,000 in it. He set one up for Sarah, as well. Her retirement account has $100,000 in it. Tim will continue to contribute to his retirement for many more years until he retires. Sarah won't be able to because the children are still young and still needs Sarah to care for them full time. Florida statute 61.075 Equitable distribution of marital assets and liabilities. In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemakers.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years before the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

The Wife wants to retain the marital home as a residence for their continued care for them. Under the statute of 61.075, the court can see fit to grant the wife the marital home if the Wife has the majority of custody of the children.

VI. Attorney's Fees

Whether the discretion of the trial court under Fla. Stat. 61.16 would allow a Wife to have attorney's fees paid for by a Husband due to the parties' disparate financial circumstances? The issue is that Sarah wants Tim to pay her Attorney's fees, but Tim doesn't think he should because they both have savings of 65,000 in each account. Sarah's only resource of income is Tim because he has been the provider ever since Sarah started having children and became a stayed at home wife. The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney's fees, suit money, and costs to the non-compliant party. An application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony to support an award under this chapter. The trial court shall have continued jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney's name. In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous. In Title IV-D cases, attorney's fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the no prevailing obligor after the court decides of the no prevailing obligor's ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department according to s.57.105(1)( 61.16, Fla. Stat..

The court will have to analyze Sarah's sources of income to determine who will be responsible for her Attorney's fees. Sarah has assets but they were provided by Tim and no other sources of income Sarah was recovering while being a full-time house mom.