Collaborative Divorce: What is “Material Information?”
“Material information” sits at the heart of Collaborative Divorce because the entire process depends on both spouses having the facts they reasonably need to make informed decisions without a judge controlling the outcome. If you value privacy, dignity, and shared control with your spouse of outcome (rather than leaving your life in the hands of a judge), understanding what material information is and why it is important will help you decide whether Collaborative Divorce is right for you.
This issue matters most for professionals, executives, business owners, and others with complex finances or sensitive personal concerns and facing divorce. You want clarity about what must be shared, what can stay private, and how your lawyer protects you while honoring the ethical rules of the Collaborative Process.
Quick Answer: What Is Material Information in Collaborative Divorce?
Material information is information reasonably required for you and your spouse to make informed decisions about resolving your divorce. In Collaborative Divorce, both spouses commit to sharing that information with each other and the professional team.
Summary
- Material information means information needed for informed decision-making.
- Collaborative Divorce requires transparency between spouses and the professional team.
- Attorney-client confidentiality still applies, but it works differently in this setting.
- Lawyers help clients plan how and when to disclose material information.
- Refusing to disclose material information can end the Collaborative Process.
- Collaborative Divorce is not a process for hiding assets from your spouse.
- Not all personal thoughts, outcome options you are considering, or opinions are material or required to be shared.
Where the Definition of Material Information Comes From
The definition of material information comes from the IACP Minimum Ethical Standards for Collaborative Professionals. IACP Standard 1.0(D) defines material information as:
“Information that is reasonably required for the client(s) to make an informed decision with respect to Resolution of the matter.”
This definition is practical by design. It does not require full emotional transparency or personal confession. It focuses on what is necessary to reach fair, durable agreements about finances, support, and parenting.
A Commitment to Transparency
When you enter the Collaborative Process, you and your spouse voluntarily commit to transparency with each other inside the process. This commitment is usually written into the Collaborative Participation Agreement and/or related consent forms.
Transparency does not mean your divorce becomes public. In fact, Collaborative Divorce is often far more private than litigation. Negotiations are confidential, discussions stay within the team, and once an agreement is reached, the amount of personal and financial information filed with the court is minimized. You may even be able to keep your agreement and parenting plan out of the court file altogether.
The purpose of voluntarily sharing material information is to reduce costs and waive the need for formal discovery or contested court hearings. It also can reduce mistrust and allow real problem-solving based on your family’s interests instead of positional bargaining.
How Attorney-Client Confidentiality Works in Collaborative Divorce
Attorney-client confidentiality still exists in Collaborative Divorce. If you tell your lawyer not to disclose something, your lawyer is prevented from doing so. Rule Regulating the Florida Bar 4-1.6(c)(1) prohibiting such disclosure still applies.
At the same time, Collaborative Practice treats confidentiality differently because of the transparency commitment reflected in IACP Ethical Standard 3.1, which addresses disclosure of information. As set out in the Collaborative Participation Agreement, there is a general understanding that material information you share with your lawyer may also be shared with the rest of the Collaborative team, including the other attorney, the neutral facilitator, and the neutral financial professional. At Family Diplomacy, on top of the Collaborative Participation Agreement, we have our Collaborative clients sign a Consent to Release and Share Information for the Collaborative Process.
This shared framework allows the team to work efficiently and keeps the focus on resolution rather than discovery fights.
What Happens If You Ask Your Lawyer Not to Disclose Material Information
If you instruct your lawyer not to disclose information, your lawyer must honor that instruction. However, if the information is material, your lawyer cannot ignore the issue.
Instead, an experienced Collaborative Lawyer will work with you to identify a thoughtful time, place, and manner for disclosure. This often involves planning, context, and support so the information can be shared in a way that minimizes harm and keeps negotiations moving forward.
Clients are usually given ample opportunity to disclose required information in a controlled and respectful way.
When Refusal to Disclose Material Information Can End the Process
If you ultimately refuse to disclose material information, your lawyer may have a duty under IACP Ethical Standard 3.8 to withdraw from the case. In some situations, the refusal can require termination of the entire Collaborative Process.
Because there is no judge supervising a Collaborative case, the professional team serves as the safeguard for ethical compliance. The team must enable self-determination through disclosure of accurate and complete information.
At Family Diplomacy, we take this ethical responsibility seriously. We have warned clients about consequences of non-disclosure and, in rare instances, we have terminated a Collaborative case because a client persistently refused to disclose material information.
One takeaway is that Collaborative Divorce is not a process for hiding assets from your spouse. Though there are tremendous privacy protections against outside scrutiny, transparency inside the process is crucial.
What If Both Spouses Decide the Missing Information Is Not Needed?
There are situations where one spouse knows some information is missing but decides they can still make an informed decision without it. If both spouses agree, and the professional team agrees, the process may continue.
The guiding question remains the same: is the information reasonably required to make an informed decision? If the answer is no, disclosure may not be necessary.
Examples of What Is and Is Not Material Information
Here are some examples of what is and is not material information:
- If a client tells us as their Collaborative Attorney that they have money in a Swiss bank account, that is material information. It directly affects financial decisions and must be disclosed.
- On the other hand, if a client tells us, “I hate my mother-in-law,” that may be emotionally important, but it does not affect informed decision-making about finances or parenting. That information does not need to be disclosed.
- Further, if a client is developing parenting options with a Neutral Facilitator or alimony options with a Financial Neutral, those options do not need to be disclosed. They are just hypothetical outcomes which a client may be considering, and not hard facts that must be shared. This nuance give you plenty of space to consider and analyze all of your options.
Material information usually relates to assets, debts, income, liabilities, and facts that affect parenting or support decisions. Personal opinions, unrelated emotions, and hypotheticals usually do not qualify.
How Collaborative Divorce Works
In Collaborative Divorce, each spouse has their own separate lawyer who provides each spouse with independent legal advice. You are never sharing a lawyer, and your lawyer’s role is to protect your interests while helping you reach resolution.
The lawyers, along with any neutral professionals, are retained solely for the purpose of reaching an out-of-court agreement. No one on the team is there to prepare for litigation or gain leverage through court threats.
If the Collaborative Process terminates or if a spouse files a contested pleading, all Collaborative Professionals must withdraw. This creates strong incentives for everyone to stay focused on resolution and good-faith negotiation, especially when discussions inevitably get challenging. This may be “Collaborative Divorce,” but it is still divorce. It is still tough.
Fortunately, Collaborative Divorce has a high success rate. A recent analysis of Florida Collaborative cases from 2014 through 2024 that Family Diplomacy managing attorney Adam B. Cordover conducted with Dr. Randy Heller of Nova Southeastern University shows that approximately 85 percent of cases reached resolution. While no lawyer can guarantee a specific outcome, this track record reflects how effective the process can be when material information is shared and handled responsibly.
Next Steps
If you are considering Collaborative Divorce in Florida and want to understand how material information, transparency, and confidentiality would apply to your specific situation, we can discuss it privately and thoughtfully. We have offices in Tampa, St. Petersburg, and Sarasota, and we accept discerning clients regardless of your location in Florida.
You are invited to access our calendar and schedule a confidential virtual planning meeting, or contact Family Diplomacy: A Collaborative Law Firm by clicking the button below.
You are not alone. We can help.
Frequently Asked Questions About Material Information
What is material information in Collaborative Divorce?
Material information is information reasonably required for spouses to make informed decisions about resolving their divorce.
Do I have to disclose everything to my spouse?
No. You must disclose material information, not every thought, feeling, or private opinion.
Does attorney-client confidentiality still apply?
Yes. Confidentiality still applies, but it operates alongside a commitment to transparency within the Collaborative team.
Can a Collaborative case end if information is withheld?
Yes. Refusing to disclose material information can require a lawyer to withdraw or terminate the process.
Is Collaborative Divorce still private?
Yes. The process is confidential and typically far more private than court litigation.
