Intellectual Property in Florida Divorce

 

If you’re a professional in Florida facing divorce, you might be wondering about the status of your intellectual property—things like patents, copyrights, or trademarks—when it comes to dividing assets. You’ve worked hard to build these creations, and it’s natural to want to protect them.

Understanding Marital vs. Non-Marital Assets

In Florida, assets and debts are generally divided into two categories: marital and non-marital. Marital assets are typically those acquired during the marriage, regardless of whose name is on the title. In essence, non-marital assets are those you owned before the marriage or received individually as a gift or inheritance.

So where does intellectual property fit in? If you created the intellectual property during your marriage, it’s likely to be considered a marital asset. If it was something you created beforehand, it might remain non-marital. But as with most things in family law, it can get more complicated.

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Does Your Divorce Law Firm Have a Client Care Specialist?

A Client Care Specialist can make or break your divorce experience—especially if you value communication, discretion, and peace of mind. One of the biggest complaints about divorce lawyers in Florida is poor communication. In fact, the Florida Bar has identified lack of communication as the number one reason clients file grievances against their attorneys (See a Florida Bar News article here). That’s not just frustrating—it’s avoidable.

At Family Diplomacy, we’ve made it a priority to solve this problem by introducing a Client Care Specialist to support you throughout the Collaborative Divorce process. This role is especially valuable for high-net-worth individuals who want regular updates, quick responses, and someone who understands the gravity of every detail.

You Deserve More Than Just a Lawyer

As a physician, attorney, executive, business owner, or other professional, you expect clear communication and timely answers. You don’t have time to chase down your lawyer or wait days to hear back. A Client Care Specialist bridges that gap. This team member keeps the lines of communication open so that nothing slips through the cracks and your questions are answered—quickly and respectfully.

Whether you’re wondering about next steps, seeking clarity on documents, or simply need to feel heard, your Client Care Specialist is here for you.

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Cordover Launches LawyerFI Podcast – Equipping Lawyers and Other Professionals to Achieve Financial Independence

Family Diplomacy Managing Attorney Adam B. Cordover, a Florida-based Collaborative Divorce lawyer and internationally recognized leader in out-of-court dispute resolution, has launched a brand-new podcast: LawyerFI – Financial Independence for Legal and Other Professionals.

If you’re a lawyer who wants to get off the cycle of burnout, billable hours, and financial confusion, this podcast was made for you.

The preview episode is now live. Watch and listen below or on the LawyerFI website:

Welcome to the LawyerFI Podcast – A New Path for Purpose-Driven Legal Professionals

You can also find it on the following platforms:

Equipping Lawyers and Other Professionals To Achieve Financial Independence

Cordover created LawyerFI after more than a decade working with high-achieving professionals—lawyers, doctors, business owners—who were doing well on the outside but quietly struggling with money, time, and fulfillment.

He understands the problem because he lived it. Even after earning a law degree from a private university, building a successful practice, and publishing a book with the American Bar Association, he found himself wondering why financial stability still felt out of reach.  As addressed in the preview episode, he then started taking affirmative steps towards financial independence.

LawyerFI shares Adam’s story and is a podcast designed to help you take control of your finances, reclaim your time, and start building a legal or other professional career that actually supports the life you want.

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Why Your 457 Plan Might Be a Contingent Asset in a Florida Divorce, and What that Means for You

For physicians, executives, and professionals working in government or the non-profit sector, a 457 deferred compensation plan often plays a key role in long-term financial security. These plans carry unique protections—and can contain unique risks—that require special attention during divorce.

In Florida, a 457 plan is considered a marital asset to the extent contributions occurred during the marriage, plus or minus passive gains or losses. But not all 457 plans are created equal. Whether your plan is governmental or non-governmental, 457(b) or 457(f), affects how it’s classified for division and what options are available to you.

Doctors and Non-Profit Executives Should Known: What Makes a 457 Plan Different?

A 457 plan is a type of deferred compensation plan that allows you to save for retirement. Unlike a 401(k) or IRA, ownership of the funds works differently depending on the type of employer and plan:

  • Governmental 457(b) Plans: Offered by state and local governments, these plans are held in trust or custodial accounts for the exclusive benefit of employees. This means they are protected from the employer’s creditors and are generally considered vested assets for purposes of divorce.
  • Non-Governmental 457(b) Plans: Offered by large non-profits—such as hospital systems or private universities—these plans are not held in trust. Instead, the assets remain part of the employer’s general funds until distribution, making them vulnerable to the employer’s creditors. These are considered contingent assets because your right to receive the funds depends on the employer’s financial health.
  • 457(f) Plans: These are often offered to highly compensated executives as “top-hat” plans. Unlike 457(b) plans, employees must meet specific conditions (like staying with the employer for a certain period) for the money to vest and for the employee to become eligible to receive the funds. If you don’t satisfy those conditions, you forfeit the balance. This makes 457(f) plans even more contingent and subject to greater discounts in divorce valuation.

To understand the key differences between these plans outside of the divorce context, learn more about 457 plans from Dr. Jim Dahle at the White Coat Investor here.

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Can Collaborative Divorce Work If We Don’t Get Along?

If you’re going through a divorce and communication with your spouse is difficult—or downright hostile—you might assume Collaborative Divorce is off the table. Maybe you’ve heard it only works for couples who “get along” or “want the same things.” But the truth is, Collaborative Divorce is designed to help people exactly like you: spouses who are in conflict, but who want a better, healthier way to separate.

Let’s talk about how this works.

A Structured Process with Built-In Support

In Collaborative Divorce, each of you has your own specially trained lawyer who is committed to staying out of court. These attorneys aren’t opposing each other—they’re working as teammates to help you reach an agreement that meets your most important goals. You also get support from other neutral professionals, like a facilitator (a licensed mental health professional) and a financial professional.

The facilitator isn’t there to give therapy, but rather to help you communicate more clearly, manage emotions, and keep meetings productive. They are trained in conflict resolution and work with both of you together to help shift the conversation from fighting to problem-solving.

This team-based approach gives structure to your conversations. Instead of shouting matches or silent standoffs, you’ll have guided discussions where everyone works together to find solutions.

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How Our Refundable Evergreen Retainer Works: No Surprises, No Commitments

How a Refundable Evergreen Retainer Works at Our Law Firm

At Family Diplomacy: A Collaborative Law Firm, we recently transitioned from using a non-refundable initial fee to a refundable evergreen retainer. This change creates far more flexibility for our clients and reflects the way we practice law.

Many—if not most—family law firms in Tampa Bay still use a non-refundable initial fee structure for their retainers. That means once you place a deposit with them, you don’t get it back, even if circumstances change (these fees must be reasonable, and the Florida Bar would likely still require a refund, for example, if you changed your mind immediately after retaining the firm). For years, we followed that same model. But because we work exclusively in out-of-court dispute resolution—specializing in Collaborative Divorce—we heard concerns from potential clients.

People would ask, “What happens to my non-refundable initial fee if my spouse decides they only want to fight in court?” While this is exceedingly rare (hardly anyone truly wants to battle it out in a courtroom), we understand why it gave pause. With our refundable evergreen retainer, you now have peace of mind: if you ever decide to go in a different direction, you’ll receive a refund of all unearned funds.

This client-centered approach ensures you stay in control throughout your case. Let’s break down what it means and how it works.


What Is an Evergreen Retainer?

An evergreen retainer is a predictable way for you and the firm to make sure there are always funds available to cover the work we’re doing on your case. When you hire us, you’ll place an initial refundable deposit into a special trust account. This isn’t a flat fee—it’s your money, and we only withdraw from it as we earn fees for the actual time we spend helping you or to cover certain costs, such as a filing fee with the clerk of the court.

As your case progresses, we’ll send you invoices showing how much time was spent and for what tasks. If the balance in your account drops below the agreed amount, we’ll replenish it by charging the credit or debit card you’ve placed on file. This ensures we can continue working without interruptions. And here’s the key part: when your matter is complete, any unused funds in your trust balance are refunded back to you.

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Is Your Florida Law Firm a Marital Asset in Divorce? What Every Law Firm Owner Needs to Know

As a law firm owner, you’ve built your practice with years of hard work, client relationships, and professional reputation. But when divorce enters the picture, you may be facing questions that strike at the core of everything you’ve created:

  • Is my law firm a marital asset?
  • Could my spouse be entitled to part of its value?
  • Will my partners be dragged into the process?
  • How can I protect my firm and my family?

If you’re navigating divorce in Florida, you need to understand not just the law, but also how to protect your practice and your peace of mind. For many attorneys and professionals, Collaborative Divorce is the answer.

Is a Law Firm a Marital Asset?

In Florida, the answer is often yes—at least in part.

If your law firm was started or grew during the marriage, it likely is considered a marital asset, even if your spouse is not a lawyer, had no direct involvement, and is not listed as an owner. The key factors to consider include:

  • When the firm was founded
  • How much the firm increased in value during the marriage

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Final TBCT Virtual Introductory Interdisciplinary Collaborative Family Law Training (August-September 2025)

Step into a Better Way to Help Families: Final Virtual Introductory Collaborative Divorce Training This Year

Are you a mental health professional, attorney, or financial expert searching for a way to help families resolve conflict without court battles, without trauma, and with dignity? Do you want to be part of a team that helps clients navigate divorce with compassion and clarity—while staying true to your own professional values?

This is your opportunity.

The Tampa Bay Collaborative Trainers—an internationally recognized interdisciplinary team—will be offering our final virtual introductory Collaborative Divorce training later this year (we will still be available for practice groups to bring us to their locale for in-person trainings). This immersive course is specifically focused on the Neutral Facilitator / One Coach / Neutral Mental Health Professional model of Collaborative Practice, and it’s designed for professionals who are ready to make a difference.

Whether you’re brand new to Collaborative Divorce or you’re looking to refresh your skills and reconnect with the heart of this work, we invite you to join us for this powerful experience.

Where

This is a virtual training that will take place 100% on Zoom.

When

August 13, 2025 1:30 – 5:30 PM Eastern Time (ET)
August 20, 2025 1:30 – 5:30 PM ET
August 27, 2025 1:30 – 5:30 PM ET
September 3, 2025 1:30 – 5:30 PM ET

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Internal Family Systems Model: Bringing Compassion Into Divorce

Going through divorce can stir up all kinds of emotions—anger, fear, sadness, even guilt. But for some, there may also be a part that feels relief—especially if you’ve been thinking about divorce for a long time and finally taken that first step. It’s not just about dividing property or deciding where the kids will live. It’s about navigating a major life change with all the different parts of yourself weighing in. One powerful way to make sense of it all is with the Internal Family Systems model, also known as IFS.

What is the Internal Family Systems Model?

IFS is a way of understanding yourself from the inside out. It helps you recognize that you’re made up of different parts—like the part of you that’s angry, the part that’s scared, the part that’s hopeful, and the part that just wants peace. These parts aren’t bad. They’re trying to protect you. But when one part takes over, it can be tough to communicate or make clear-headed decisions.

In the Collaborative Divorce process, we can use IFS concepts to help you tune into these parts and access your grounded, centered self—the one that can truly lead with compassion and confidence.

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How Doctors Divorce in Florida

 

How Doctors Divorce in Florida: A Smarter, Private, Team-Based Approach

Divorce is challenging. But for physicians and their spouses, it can come with extra layers—like valuing a medical practice, protecting reputation and sensitive financial data, and balancing a demanding career with family obligations. If you or your spouse is a doctor in Florida, Collaborative Divorce offers a way to handle your separation with professionalism, privacy, and support.

At Family Diplomacy: A Collaborative Law Firm, we’ve worked with doctors and high-net-worth families across the state. We understand the unique financial and emotional dynamics at play—and how to guide you through them with dignity.

A Private Divorce Process That Respects Your Profession

Collaborative Divorce discussions and decisions take place outside of court. Instead of leaving decisions up to a judge, you and your spouse work with a team of professionals to reach solutions together. This is especially helpful when one or both of you are physicians with complicated schedules, licenses, or business interests at stake.

Just like you may work with other healthcare professionals in a hospital or practice setting—surgeons, anesthesiologists, nurses, administrators—a Collaborative Divorce uses an interdisciplinary team. Your team likely will include two lawyers (one for each of you), a neutral facilitator (who is a licensed mental health professional to deal with challenging conversations head on and craft a tailored parenting plan), and a neutral financial professional (to efficiently gather mandatory disclosure and help develop bespoke financial options). Each team member brings their own area of expertise to help the family function better and get through the divorce.

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