Florida High-Asset Divorce Lawyer

Florida law has no definition of a high-asset divorce, and no dollar amount turns a case into one. The term describes complexity more than wealth: a business or professional practice, several properties, investment accounts, stock options or deferred compensation, trusts, assets abroad, or income that is hard to pin down, such as bonuses and business distributions. What changes from case to case is the tracing, valuation and documentation needed to apply sections 61.075 and 61.08 correctly. We can look at the assets in your marriage in a free consultation.

Not automatically. Under section 61.075(1), the court starts from the premise that marital assets and debts should be divided equally, then decides whether the facts justify an unequal division. Factors include each spouse's contributions, including homemaking and child care, the length of the marriage, interrupted careers, whether a business should stay intact, and intentional waste of marital assets after filing or in the two years before. An equal division of value also does not mean cutting every asset in half: one spouse may keep the business while the other keeps accounts of similar value.

Under section 61.075(6), marital property generally includes assets and debts acquired during the marriage, gifts between spouses, retirement benefits earned during the marriage, and the increase in value of separate assets caused by either spouse's work or by marital money. Separate, or nonmarital, property generally includes what a spouse owned before the marriage, inheritances and gifts from third parties, and assets excluded by a valid written agreement such as a prenup. Under section 61.075(8), anything acquired during the marriage is presumed marital, so the spouse who says an asset is separate must prove it, usually with records.

Yes. Separate money mixed into joint accounts so that it can no longer be traced can lose its separate character. When either spouse's efforts during the marriage, or marital funds, increase the value of a separate asset, that increase can be marital under section 61.075(6). Marital funds used to pay down debt on separate property can create a marital share. Holding real property as tenants by the entireties creates a presumption that it is marital, even if one spouse owned it first. How the money moved, and what records show it, usually decides these questions.

There is no standard timeline, and we do not quote one before we understand the case. Florida requires at least 20 days between filing and a final judgment (section 61.19), but high-asset cases rarely move that quickly. The time depends mostly on the work: how complete each spouse's disclosure is, how many assets must be valued, whether forensic accountants or valuation professionals are needed, how long banks and businesses take to produce records, and how far apart the spouses are. Full disclosure and good-faith negotiation can move a case much faster than subpoenas and depositions.

The cost depends on how much work the case needs, so we do not quote a figure before we understand it. The main drivers are the number and type of assets, whether a business or practice must be valued, whether forensic accountants or other outside professionals are needed, how much discovery is required, and whether the case settles or is tried. We explain our fees in the free consultation, before you commit to anything. Under section 61.16, the court can also order the spouse with greater resources to pay part of the other's fees.

Yes, in the right circumstances. Section 61.16 allows the court to order one spouse to pay a reasonable amount of the other's attorney's fees, suit money and costs, after considering both spouses' financial resources. The goal is similar access to competent representation, which matters when one spouse controls the business, the accounts or most of the income. Fees can be requested early in the case, not only at the end, so the spouse with fewer resources can pay lawyers and outside professionals while the case is pending.

Partly. Florida court files are generally public records, so a divorce cannot be made fully private, but there are ways to limit what becomes public. Court rules keep certain sensitive information confidential, such as Social Security and account numbers, and Rule 2.420 of the Florida Rules of General Practice and Judicial Administration lets a court, in limited circumstances, seal specific parts of a file. Mediation is confidential under sections 44.401 to 44.406, and the Collaborative Law Process Act (sections 61.55 to 61.58) offers a private, out-of-court process. We discuss these options at the start.

Each property is first classified as marital, nonmarital or partly both, depending on when and how it was bought, how it is titled and what money paid for it. A property owned before the marriage can still carry a marital share if marital funds paid down its mortgage or marital efforts increased its value. A property can then be sold, kept by one spouse with an offsetting payment or other assets going to the other, or in some cases kept for a time as a home for a dependent child. Rentals also raise questions about income, deposits and management during the case.

Retirement benefits earned during the marriage are marital assets under sections 61.075(6) and 61.076, whether vested or not. Benefits earned before the marriage may be nonmarital if they can be traced. A 401(k), a pension or another qualified plan is usually divided with a qualified domestic relations order, often called a QDRO, which tells the plan administrator how to pay each spouse. IRAs and government or military plans follow their own rules and paperwork. A mistake in the order can be costly and slow to fix, so we draft these terms with care.

Raise it with your lawyer right away. Under section 61.075(1)(i), the court can consider the intentional dissipation, waste, depletion or destruction of marital assets after the petition was filed or within two years before, and can account for the missing money when it divides what is left. Florida Family Law Rule of Procedure 12.285 requires each spouse to disclose finances under oath, and subpoenas, document requests and depositions can follow transfers through banks and businesses. In the right circumstances, the court can also be asked for orders that protect marital assets while the case is pending.

Florida is a no-fault state, so no one has to show adultery to get divorced (section 61.052). It can still matter in two ways. Under section 61.08, the court may consider the adultery of either spouse, and its circumstances, when deciding whether to award alimony and how much. And if marital money was spent on an affair, such as gifts, travel or a second residence, that spending can be treated as dissipation of marital assets under section 61.075(1)(i). In dividing property, the focus is usually on the money spent, not on the affair itself.

A divorce can take many months, and the bills do not pause. A temporary relief hearing lets the court set rules for the meantime: temporary alimony (section 61.071), temporary child support, who pays the mortgage and household bills, who stays in the home, a temporary parenting schedule if there are children, and temporary attorney's fees (section 61.16). For good cause, the court can also order an interim partial distribution of marital assets (section 61.075(5)). These orders matter in high-asset cases because one spouse often controls the accounts and the income, and early arrangements can shape the rest of the case.

Mediation is a meeting with a neutral mediator who helps the spouses negotiate but decides nothing. Florida courts can refer family cases to mediation (section 44.102), and what is said there is confidential under the Mediation Confidentiality and Privilege Act, sections 44.401 to 44.406. With significant assets, mediation works well when the financial picture is complete beforehand: disclosure exchanged, assets valued and the tax effect of each option understood. We prepare for mediation as if the case were going to trial, and we work through how and when each asset would change hands.

Yes. Settlement is possible at any stage, through negotiation between the lawyers, through mediation, or through the collaborative law process under sections 61.55 to 61.58, in which both spouses and their lawyers agree to work toward a resolution outside the courtroom. A settlement lets the spouses control details a judge might handle differently, such as who keeps which property, how a business buyout is paid over time and how known tax costs are shared. We prepare each case so you can compare an offer with what a trial would involve, and we draft the agreement so it can be carried out as intended.

Start with what you can lawfully access: several recent years of personal and business tax returns, pay stubs and bonus statements, bank, brokerage and retirement statements, mortgage and loan statements, deeds and titles, business financial statements and ownership documents, trust documents, insurance policies, any premarital or postnuptial agreement, and records of inheritances or gifts. Florida Family Law Rule of Procedure 12.285 will require formal disclosure later, but early records help us see the issues sooner. Bring what you have to the free consultation, and we will explain what else matters in your case.

A few come up often. Moving money, hiding assets or underreporting income can damage credibility with the judge and lead to costly discovery. Mixing an inheritance into joint accounts can make it hard to trace. Accepting a division that looks equal without weighing taxes, liquidity and risk can leave one spouse with assets worth less than they appear. Overlooking deferred compensation, unvested stock or business debts means dividing an incomplete picture. Large purchases or gifts during the case can raise dissipation questions under section 61.075(1)(i). We help clients avoid these problems from the first meeting.

They are treated like any other asset under section 61.075: classified as marital or separate, then valued and divided. They can be harder to find and to value. Cryptocurrency may sit on exchanges or in private wallets, and tracing it may require exchange records, wallet histories and tax filings. Art, jewelry, wine and other collectibles often need an appraisal by someone qualified in that kind of property, plus purchase records and insurance schedules showing what exists and when it was acquired. Pieces inherited or received as gifts from third parties may be separate property if that can be shown.

Assets abroad are part of a Florida divorce when the court has jurisdiction over the spouses. Each spouse must disclose property and accounts wherever they are located, under Florida Family Law Rule of Procedure 12.285. The challenges are getting reliable records, valuing property under another country's market and laws, and carrying out the division. A Florida court generally cannot transfer title to land in another country directly, but it can order a spouse within its jurisdiction to act regarding that property, or award other assets to balance the division. Our team works in English and Spanish.

Debts are divided under section 61.075 along with the assets. Liabilities incurred during the marriage are presumed marital, which can include mortgages, business loans the spouses personally signed for, credit lines and taxes owed on joint returns. A judge can assign a debt to one spouse, but the judgment binds the spouses, not the lender or the IRS, so a creditor may still pursue a spouse who signed. Settlement terms often include refinancing deadlines, indemnity provisions and a plan for known or possible tax bills. For tax specifics, talk to your tax adviser.