Boca Raton Divorce and Family Law Attorney

Many Boca Raton divorces come after decades of marriage, when the marital estate includes retirement accounts, pensions, a primary home, a second home, and sometimes a family business. Dividing those assets fairly, and planning for alimony and income after retirement, takes careful analysis. The Law Offices of James S. Cunha, P.A. represents Boca Raton residents in divorce, alimony, prenuptial and postnuptial agreements, and modification matters, with a focus on cases where significant assets are at stake.

Our office is in downtown West Palm Beach, about a 30 to 40 minute drive from Boca Raton. Most initial consultations with Boca Raton clients take place virtually, and we travel to the courthouse and to mediation for you.

Divorce after age 50 raises issues that younger couples may not face.

• Retirement accounts and pensions. 401(k) plans and pensions are often divided with a qualified domestic relations order (QDRO). IRAs are divided differently. Mistakes can trigger taxes or penalties that a careful order avoids.
• Income after retirement. Social Security, required minimum distributions, and pension payments all affect what each spouse will live on, and what alimony is realistic.
• Health insurance. A spouse who loses coverage through the other’s employer may need a plan to bridge the gap until Medicare.
• Estate plans. Wills, trusts, beneficiary designations, and powers of attorney usually need updating as soon as a divorce is filed or final.

Florida eliminated permanent alimony for new judgments as of July 1, 2023. The available forms are now temporary, bridge-the-gap, rehabilitative, and durational alimony, each with limits tied to purpose or length of marriage. The reform also created a clearer process for a paying spouse to seek modification or termination at retirement. That request generally cannot be filed more than six months before the planned retirement. For Boca Raton clients near retirement age, these rules can shape the entire negotiation. We help both paying and receiving spouses understand where they stand.

Boca Raton is part of Florida’s 15th Judicial Circuit. Family cases for South County residents may be heard at the South County Courthouse, 200 West Atlantic Avenue in Delray Beach, or at the main courthouse in West Palm Beach, depending on how the case is assigned.

Boca Raton sits on the Broward County line, and some couples have ties to both counties. Which county is the proper place to file depends on where each spouse lives and where you last lived together. We review that question at the start of the case.

We represent clients throughout Boca Raton, including Boca West, Broken Sound, Royal Palm Yacht & Country Club, St. Andrews Country Club, The Polo Club, and downtown Boca Raton.

• High-asset divorce. We work with forensic accountants and business valuation professionals to identify, value, and trace marital and separate property.
• Equitable distribution. We address business interests, real estate, investment portfolios, executive compensation, and retirement assets.
• Alimony. We evaluate claims under Florida’s current alimony law and use our durational alimony calculator as a starting point.
• Parenting plans and child support. We build timesharing schedules that fit your family and calculate support under Florida guidelines.
• Prenuptial and postnuptial agreements. These are especially useful for second marriages and for protecting assets for children from a prior marriage.
• Modifications. We seek or defend changes to alimony, child support, or parenting plans after a final judgment, including retirement-based alimony modifications.

If you live in Boca Raton and are considering divorce or facing a family law issue, call the Law Offices of James S. Cunha, P.A. at (561) 429-3924 to schedule a confidential consultation. Consultations are by appointment only.