Divorce in Miami, FL, When Your Spouse is Self-Employed

 Posted on March 11, 2024 in Divorce

Self-employment, or working as an independent contractor, is particularly common in South Florida, where a large number of people work in the entertainment, arts, or tourism industries. Most people who work as DJs, performers, photographers, or event vendors, are considered self-employed. If your spouse’s career is based on “gigs” or his or her income tends to vary depending on what events he or she is hired for, your divorce may be a little more complicated. Determining your spouse’s income for the purpose of calculating things like child support can be challenging, and there is a high potential for deception. Your Miami, FL, divorce lawyer will likely need to conduct a significant investigation to ensure that you have an accurate idea of your spouse’s finances before any assets are divided

Calculating Child Support and Alimony

When it comes to determining child support obligations, nearly any type of money your spouse earns or receives as an entitlement is likely to be considered. This includes tips and cash income. Calculating alimony may be slightly more complicated if your spouse has what is called business income

Financial Deception and Self-Employment

If your spouse is in a tipped profession, like some types of entertainers, tour guides, or event DJs, he or she likely receives a substantial portion of his or her pay in cash. Vendors who sell their goods at concerts, festivals, and other events may also receive a large amount of cash, which they may or may not deposit into a bank account or report on their taxes. Your attorney will need to cautiously investigate your spouse’s actual earnings to ensure that he or she is not hiding income you or your child may have a claim to

How Gig-Based Work Affects Child Custody

Flexibility in your child custody schedule may be needed if your spouse works sporadically or only during certain seasons. Many in the entertainment and tourism industries work unusual hours or late into the night. If your spouse is often not home until the early morning hours on work nights, having your child with him/her on those days may not be practical. You may wish to include some provisions in your child custody plan stating that the child should be with the parent who keeps regular hours on days or nights the other spouse would be working

Another option is to include a “first right of refusal” provision so that you will automatically have the right to have your child with you on evenings your ex-spouse would otherwise use a babysitter

Contact a Miami-Dade County, FL Divorce Attorney

Miami Family Law Group, PLLC,  is dedicated to helping people with a self-employed spouse receive a fair amount of child support and his or her proper share of marital assets during divorce. Our experienced Miami, FL divorce lawyers, many of whom are long-time Floridians, will do all we can to guide you through your complex financial situation. Contact us at 305-520-7874 for a confidential consultation