Tag Archive for: florida divorce

How Does Alimony Work - Family Diplomacy | A Collaborative Law Firm

Divorce 101: How Does Alimony Work in a Florida Divorce?

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Key Takeaways

  • Florida alimony is based primarily on two questions: whether one spouse has a need for support and whether the other spouse has the ability to pay.
  • Florida law also considers factors such as the length of the marriage, the marital standard of living, each spouse’s contributions, and future earning ability.
  • Florida now has statutory limits on the maximum duration and amount of alimony a court may order.
  • In a traditional divorce, a judge decides alimony after a public fight. In a Collaborative Divorce, you and your spouse can create a customized support plan that better fits your family’s needs in a private setting.

Introduction

If you’re wondering how alimony works in a Florida divorce, you’re not alone. Alimony is one of the most misunderstood aspects of divorce, and many people are surprised to learn that there is no simple formula that guarantees what someone will pay or receive.

In the video below, Florida Collaborative Divorce attorney Adam B. Cordover explains how Florida courts evaluate alimony, the statutory limits that may apply, and why many couples choose the Collaborative Divorce process to create support arrangements that better fit their lives.

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Florida Records Public - Family Diplomacy | A Collaborative Law Firm

Are Florida Divorce Records Public? How Your Divorce Lawyer Could Be Exposing Your Financial Information to Competitors.

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Key Takeaways

  • Yes. Generally speaking, divorce records and financial information filed in a traditional Florida Divorce, including financial affidavits, become part of the public court file.
  • Business owners, physicians, executives, lawyers, and other professionals should carefully consider whether public financial disclosures could expose sensitive business information to competitors, clients, employees, vendors, or investors.
  • Done correctly, Collaborative Divorce is designed to maximize privacy by keeping negotiations confidential and minimizing what gets filed in the public record while promoting complete financial transparency between the spouses.
  • In a Collaborative Divorce, spouses generally still have to exchange financial affidavits, but they can choose to keep it out of the public court file.
  • Other ways that Collaborative Divorce helps maintain financial discretion include filing far away from where the spouses live or work and choosing the county with the best privacy options.

Can Your Competitors See Your Financial Information During a Florida Divorce?

If you are an executive or own a business, a medical practice, a law firm, or another successful company, one of the biggest risks in a traditional Florida Divorce may have nothing to do with who gets what. It may be that your lawyer is preparing your case for trial instead of preparing it for resolution, and in the process, your private financial information could end up in the public divorce records.

Most people assume that divorce is a private matter. They are often surprised to learn that, in almost every Florida Divorce, each spouse must complete a financial affidavit listing their income, expenses, assets, and debts. Generally, in traditional divorce cases, that affidavit is filed with the court, where your divorce records become available to anyone who wants to read it.

If you have spent years building your business and your reputation, that should concern you.

Imagine a competitor learning how much income your business generates. Imagine a prospective client finding details about your personal finances. Imagine employees, vendors, or future business partners accessing information that was never intended for public view.

For entrepreneurs, executives, physicians, lawyers, and other professionals, privacy is not just a personal preference. It is part of protecting the business you worked so hard to build.

Quick Answer

Yes, in most Florida Divorce cases, sensitive financial information becomes part of your public divorce records through the filing of financial affidavit and other documents. If privacy matters to you, choosing the right divorce lawyer and divorce process from the very beginning can make a significant difference.

Collaborative Divorce takes a fundamentally different approach. Rather than preparing every case for the possibility of litigation, the process is designed to help spouses reach an informed agreement outside of court while protecting confidentiality and sensitive information whenever possible.

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Do My Business Bank Accounts Get Divided In A Florida Divorce 1 - Family Diplomacy | A Collaborative Law Firm

What is Equitable Distribution in Florida?

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If you are going through divorce in Florida, one of the first financial questions is simple but important: What happens to your assets and debts?

In Florida, this is called equitable distribution. It is the process of dividing marital assets and marital debts in divorce. For many professionals, business owners, executives, and high-net-worth families, this can include real estate, retirement accounts, business interests, investments, credit cards, mortgages, and other financial obligations.

The video below gives a brief explanation of how equitable distribution works in Florida and how Collaborative Divorce can help keep financial information more private.

Quick Answer: What Is Equitable Distribution in Florida?

Equitable distribution in Florida means how you and your spouse divide your assets and debts in divorce.

Florida has default rules that courts follow, but you and your spouse can reach your own agreement. In Collaborative Divorce, you can make these financial decisions outside of court, with privacy, professional guidance, and more control over the outcome.

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Income Withholdings - Family Diplomacy | A Collaborative Law Firm

Why Cordover Advises Divorce Clients to Avoid Income Withholding Orders

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Florida Income Withholding Orders (“IWOs”) are the default method for paying child support and alimony.  However, if you are a doctor, lawyer, executive, business owner, or other professional reaching an agreement through Collaborative Divorce or another method, you may be better off avoiding IWOs.

If you have helped build your family’s wealth in Tampa Bay or anywhere in Florida, you likely value privacy, joint control of outcome with your spouse (rather than a judge), and efficiency. The last thing you want is unnecessary government involvement in your financial life when you and your spouse have already reached a thoughtful agreement.

Let’s talk about why.

Quick Answer

In Florida, Income Withholding Orders are required by default for child support and often used for alimony, but when you reach a voluntary agreement through a private process like Collaborative Divorce, you can usually choose to exchange payments directly and avoid unnecessary employer involvement and bureaucratic complications.

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Do My Business Bank Accounts Get Divided In A Florida Divorce - Family Diplomacy | A Collaborative Law Firm

Families Don’t Belong In Court

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Families don’t belong in court, especially when privacy, dignity, and the best interests of children matter to you. Yet for decades, lawyers have treated the courtroom as the default place to resolve divorce.

Court is built to impose an outcome after pitting parties against each other. Divorce is about navigating a family transition. Those are not the same thing, and when we confuse them, families often pay the price.

Quick Answer

Families don’t belong in court because the adversarial system escalates conflict, makes private matters public, and allows a judge to impose life-shaping decisions.  It is a terrible forum if you want to protect privacy, preserve dignity, or support children during a family transition.

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Divorce Statute 1 - Family Diplomacy | A Collaborative Law Firm

Does Florida’s Collaborative Divorce Statute Protect Confidentiality?

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When you face divorce in Florida, you may worry that your financial information, business details, or parenting struggles could become part of a public court file. If you or your spouse are a doctor, lawyer, executive, business owner, or anyone who values privacy, the idea of those details becoming public can feel overwhelming. You want a process that keeps your information protected and puts you, not a judge, in control.

Collaborative Divorce offers that protection. One of the most common questions clients ask is whether Florida’s Collaborative Law statute truly protects confidentiality.

Quick Answer

Yes. Florida’s Collaborative Divorce Statute (specifically, Fla. Stat. §61.58) protects confidentiality by, with narrow exceptions, keeping Collaborative communications private and preventing them from being used in court. The statute also protects nonparty participants (for example, a Neutral Financial Professional or Neutral Facilitator) so the professional team can help you make informed decisions without fear that exploratory discussions meant for informal discussions will later become evidence in a trial.

Key Takeaways

  • Collaborative communications are confidential and generally cannot be used against you in court.
  • The confidentiality and privilege belongs to the spouses and, in certain instances, nonparty participants.
  • Neutral Financial Professionals and Neutral Facilitators are nonparty participants who receive protections so they can work freely and creatively.
  • Fla. Stat. §61.58 has narrow exceptions, such as threats of harm or information that must be reported under other laws.
  • The process supports open problem-solving and protects privacy, which can be especially helpful for high-asset families.

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Portability Benefit - Family Diplomacy | A Collaborative Law Firm

Florida’s Save Our Homes Portability Benefit and Divorce: Is it a Marital Asset?

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If you are going through a Florida divorce, you may worry about how to protect your home, your long-term tax burdens, and your financial stability. Many high-income professionals focus on dividing the home itself, but Florida’s Save Our Homes Portability Benefit also carries real value. If you have established a homestead in Tampa, St. Petersburg, Sarasota, or elsewhere in Florida, this benefit can reduce your future property taxes, yet it is often overlooked during divorce. When you understand how it works, you can make better decisions and avoid losing tax advantages that could protect your financial future.

Quick Answer: Is Florida’s Save Our Homes Portability Benefit a Marital Asset?

Yes. Florida’s Save Our Homes Portability Benefit is usually treated as a marital asset because it grows during the marriage and can reduce future property taxes for one or both spouses. It has a value that can be taken into consideration when reaching a divorce agreement.

Key Takeaways

What the Save Our Homes Portability Benefit Actually Is

Florida’s Save Our Homes law limits how fast your homestead’s assessed value can rise. Even when the market value increases sharply, the assessed value can only increase by 3% or the Consumer Price Index, whichever is lower. This creates a gap between market value and assessed value, known as the assessment difference. Over time, this difference becomes meaningful because it reduces your property taxes year after year.

Portability allows you to take up to $500,000 of that assessment difference with you when you establish a new Florida homestead. This lower starting assessment can reduce your taxes for many years, especially if you plan to stay in your new home long-term.

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Do My Business Bank Accounts Get Divided In A Florida Divorce 1 1 - Family Diplomacy | A Collaborative Law Firm

How Lawyers Can Make Divorce Less Traumatic

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If you are facing the prospect of divorce, there is a little discussed truth that you should know: The lawyer each of you choose will have a dramatic effect on whether your divorce becomes (i) a traumatic, drawn-out battle for the next several years or (ii) a thoughtful plan developed over several months that sets you and your family up for the next chapter of your lives.

Quick Answer: Yes, Your Choice of Lawyer Has a Major Impact on Your Divorce Experience

Different lawyers follow different philosophies. Traditional divorce lawyers often follow a system built for conflict (even if the lawyer genuinely is trying to help settle disputes), while Collaborative Divorce Attorneys focus on privacy, transparency, respect, and the family’s wellbeing.

Why Traditional Lawyers Often Turn Divorce Into a Battle

It is important to understand this from the start: traditional divorce lawyers are not trying to create trauma. They are not acting out of malice. They are doing exactly what they were trained to do. For generations, lawyers have been taught that the first step in a divorce is to draft a petition that asks for every possible form of relief. The logic is simple. In law school and in practice, attorneys learn that if they do not ask for something in the petition, a judge may refuse to award it later at trial.

But here is the problem: Very few families ever actually go to trial. More than 80 to 90 percent or more of Florida divorces end through settlement. And even if a case does go to trial, Florida law makes it clear that petitions can almost always be amended ahead of time. So the fearful approach of “ask for everything now or risk losing it forever” does far more harm than good.

The result is a petition that looks extreme and feels personal. You may see allegations you disagree with, requests for every type of alimony, demands for more than half the marital estate, and even demands that you pay all attorney’s fees. None of this sets a healthy tone.

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Do My Business Bank Accounts Get Divided In A Florida Divorce 2 - Family Diplomacy | A Collaborative Law Firm

Do My Business Bank Accounts Get Divided In A Florida Divorce?

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If you own a business and are facing divorce, you may be wondering whether your business bank accounts—the checking, savings, operating, or money market accounts tied to your company—could be considered “marital assets” and divided.

For many professionals, these accounts represent far more than just money. They reflect years of effort, payroll obligations, and the foundation of your financial life. Understanding how Florida law treats business bank accounts can help you protect what you’ve built and choose the right path forward.

Quick Answer: Can Business Bank Accounts Be Divided in a Florida Divorce?

Yes. Business bank accounts can be divided in a Florida divorce depending on when and how the business was created, how the accounts were funded, and whether marital income or marital efforts contributed to their growth. Under Florida’s equitable distribution law, the court can treat those funds as marital property even if the accounts are in only one spouse’s name or owned by the business.

How Florida Law Treats Business Bank Accounts in Divorce

Under Section 61.075, Florida Statutes, courts must divide marital assets and debts fairly, though not necessarily equally. Marital assets generally include property or income acquired during the marriage—regardless of whose name is on the account.

That means if your business was formed or operated during the marriage, the funds in its business bank accounts could be considered marital.

If your business predated the marriage, those accounts might begin as nonmarital. Still, any increase in their balance or new deposits during the marriage can be at least partly marital—especially if marital income was added or your marital efforts contributed to the business’ success and growth.

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Joint Divorce Process Option Meeting - Family Diplomacy | A Collaborative Law Firm

First Step To An Amicable Divorce: Joint Divorce Process Options Meeting

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If you and your spouse are considering divorce in Florida, you may be worried about where to begin. Most separating families aren’t looking for a court battle; they just want to move forward, protect their privacy, and make sure they (and their kids, if any), are okay.

That’s exactly why Family Diplomacy offers a Joint Divorce Process Options Meeting, sometimes called a joint divorce consultation or amicable divorce options meeting. It’s a calm, informative way for both spouses to learn about their main divorce options – litigation, mediation, and Collaborative Divorce – before making any major decisions.

How the Joint Divorce Process Options Meeting Works

This meeting is a one-time, educational conversation with both spouses together. We meet on Zoom to discuss the main process options for divorce in Florida. It just costs our normal hourly rate, and you’ll learn what each option looks like, the pros and cons, and what level of privacy, cooperation, and support each allows.  By the end of the meeting, you likely will be able to make a decision about which option your family wishes to pursue.

Before the meeting, we send out a Joint Process Options Meeting waiver for both spouses to sign confirming three important things:

  1. We will not give legal advice or represent either spouse during this meeting; we are only discussing process options.
  2. The discussion is not confidential since both spouses are present and a process option is not yet chosen.
  3. If one spouse chooses to hire Family Diplomacy to represent them, it will only be the spouse who first contacted our office; we cannot represent both spouses.

This clear structure eliminates confusion and maintains fairness. You’ll leave with reliable information, not pressure or legal posturing.

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