Author: WB Admin

Strategic Non-Disclosure in Divorce: How Hidden Financial Decisions Backfire in Court

Posted on by WB Admin

Divorce brings enough stress on its own, and money is usually at the center of it. When someone feels cornered or worried about losing financial security, it’s easy to think that holding back information might help. Even minor omissions can create significant problems once the case reaches the courtroom.

Florida’s divorce process requires both spouses to exchange a complete picture of their finances. That means sworn financial affidavits, bank records, and tax returns. Judges rely on this information to make fair decisions. When one spouse hides income or moves assets around, it slows the case down and signals to the court that the person isn’t being straightforward. That’s a hard reputation to fix later.

Why People Hide Assets

People hide money for different reasons. They could be trying to protect a business or just angry and don’t want to share. In other cases, they assume their spouse won’t notice a transfer or a missing account.

But financial footprints are more complex to cover than most people think. Bank logs, tax documents, and digital payments usually leave a trail. When the other side uncovers something suspicious, the court may impose sanctions, reopen property division, or require the offending spouse to cover the other side’s legal fees.

What Florida Law Actually Requires

Under Florida Family Law Rule 12.285, both spouses must turn over specific financial documents early in the case. If one spouse files for temporary support, the court requires both sides to meet tighter disclosure timelines.

Courts take disclosure seriously. When a spouse drags their feet or withholds information, the judge can compel them to turn everything over, restrict what they can argue later, or impose fines. If the conduct looks deliberate, such as transferring money to a friend, things tend to go downhill quickly.

A Better Way to Handle Disclosure

The smoother path is simple: be organized and be honest. Pull together statements for accounts, property records, retirement balances, and any business documents. If you own a company, get a valuation early. When you’re upfront with your financial picture, your credibility increases, which is something judges notice.

Talk With Our Team

Divorce brings enough uncertainty on its own, and you don’t have to sort through the financial questions alone. Our team at Wickersham & Bowers is ready to help you move forward with confidence. Call 386-252-3000 or reach out through our contact form to get started.

Silent Conflicts: How Ambiguous Beneficiary Language Fuels Post-Death Lawsuits

Posted on by WB Admin

Most families don’t expect a legal fight after losing someone, yet many disputes start with something surprisingly simple: unclear beneficiary language. A will or trust might look fine on paper, but once people start applying it to actual property, gaps appear. Those gaps often turn into full-blown lawsuits.

Where Ambiguity Creeps In

Most of these issues come from shortcuts, such as using old templates, relying on vague descriptions, or assuming everyone will “just know” what the person intended. For example, if the decedent had written “the family home” but owns more than one property, which one transfers? Similarly, if they say, “divide equally among my children,” does that include stepchildren, estranged children, and a child who passed away?

Blended families run into this all the time. A phrase that once fit the family may not fit it years later. If the document never gets updated, the wording stays frozen while the family situation keeps changing.

How Courts Approach These Disputes

When a dispute lands in court, judges start with the written document. They try to honor what’s on the page, not what family members believe the decedent “would have wanted.” If the language is unclear, courts sometimes look at outside evidence, including drafts, notes, and emails, but only to interpret the wording, not to rewrite it.

If the ambiguity is severe enough, a court may set aside the unclear provision entirely. When that happens, the asset follows default probate rules, which can send property to people the decedent never intended to benefit.

How to Reduce the Risk Before It Starts

Most of these problems are avoidable:

  • Use full legal names
  • Specify addresses
  • List account numbers when possible
  • Lay out what happens if a beneficiary dies first or chooses not to inherit
  • Update the plan whenever major life events occur

Working with an attorney who drafts with real-world disputes in mind can save surviving family members from stress, cost, and conflict later.

Talk With Our Team

At Wickersham & Bowers, we help clients put together estate plans that hold up when families need them most. If you’d like to review or update your documents, call 386-252-3000 or reach us through our contact form. We’re here to help you protect your plans and your family’s peace of mind.

Lloyd Bowers-2024 Tippen Davidson Award Winner

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Join the Peabody Auditorium Foundation in congratulating Lloyd Bowers, PAF founder and Board Member, on receiving the Volusia County Cultural Alliance Tippen Davidson Award for the Arts. Please join us to honor Lloyd at the plaque hanging and presentation on November 18 at 3:00pm!

Lloyd Bowers has been a civil litigation and estate planning attorney for over forty years. He is a graduate of the University of Virginia, receiving both his undergraduate degree in Theater and his Juris Doctor degree from the School of Law.

Throughout his career, he has been an advocate for the arts. While in New Orleans, Lloyd was instrumental in creating the Volunteer Lawyers for the Arts project, which provided free legal services to both arts organizations and artists in the New Orleans community, and was named by New Orleans magazine as one of the City’s “People to Watch” for his impact on the arts.

In 1995, he moved to Daytona Beach, Florida, to practice law with Chris Wickersham, and formed the law firm of Wickersham & Bowers. After meeting Tippen Davidson, who encouraged Lloyd to join the Board of Trustees of Seaside Music Theater, he served for eight years on the board, both as Chairman and as the board’s leader on the Fund Development Committee. In 2002, he formed the Mystic Krewe of the 12th Night Revelers, which sponsors an annual Mardi Gras Ball to support arts and cultural organizations in Volusia County.

He has served on the Charter Review Commission for the City of Daytona Beach, and in 2012, was appointed by the Mayor as his representative to the Peabody Auditorium Advisory Board. In that same year, he was appointed by Volusia County Council Member Josh Wagner to serve as his representative on the Volusia County Cultural Council, and he continues to serve in both positions.

In 2011, he met with city officials to discuss the need for a separate non-profit organization to support the Peabody Auditorium, and through his leadership and the combined efforts of city and local volunteers, the Peabody Auditorium Foundation, Inc. was formed in 2015 to support both capital improvements and cultural productions at the Peabody. Lloyd served as the organization’s first president and continues to sit on their Board of Directors.

The Peabody Auditorium Foundation developed and sponsored the Centennial Renaissance Campaign, which raised a half a million dollars to support and upgrade the Peabody Auditorium in celebration of its 100 years anniversary. During the time of COVID, while the auditorium was dark, the Foundation entered into an agreement with the Volusia County School Board for “Youth + Art = Success” program, which annually provides free in-school professional children’s theater productions in elementary schools, produces two professional children’s theater productions for the public, hosts 200 high school students to attend the Broadway Series at the Peabody, and awards scholarships to high school graduating seniors who plan to enter a performing arts career.

He and his partner, Chris, are financial contributors to many arts organizations throughout Volusia County, and aside from his law practice, he volunteers his time to local arts organizations, and even occasionally comes out of retirement to “trod the boards” in local theatrical productions with his close friend, Julia Davidson Truilo.Bravo Lloyd! The Peabody Foundation and community couldn’t be more proud and thankful for all you do to keep the arts alive in Volusia County.

Parallel Parenting Plans: A Solution for High-Conflict Florida Custody Disputes

Posted on by WB Admin

Not all custody arrangements work well when parents are locked in constant conflict. For families dealing with ongoing disputes over schedules, school decisions, or healthcare, parallel parenting offers a more workable option. 

Instead of trying to co-manage every detail, each parent handles their own time with the child independently. Communication is limited and often done through parenting apps. 

Parallel parenting allows high-conflict parents to disengage from one another while still focusing on their children’s needs. Ongoing parental conflict can cause serious psychological and social problems for children. 

What Is Parallel Parenting?

Parallel parenting is a structured approach used when co-parents struggle to communicate without conflict. Each parent sets their own rules and routines during their scheduled time, and direct contact is kept to a minimum, usually limited to email or co-parenting apps. The aim isn’t to foster agreement, but to shield the child from tension. 

In some high-conflict cases, a Florida court may appoint a parenting coordinator under § 61.125. That person, often a trained mediator or attorney, helps parents stick to the plan, resolve logistical issues, and reduce the likelihood of ongoing disputes affecting the child’s well-being or daily care.

How to Build a Successful Parallel Parenting Plan

A good parallel parenting plan removes as much guesswork as possible. Start with a schedule that leaves no room for confusion: 

  • Specific pickup times
  • Clear drop-off locations
  • Holiday rotation everyone can follow

Communication rules are just as important. Many parents choose a written method, like email or a parenting app, to keep conversations brief and focused on the children.

The plan should also spell out who makes which decisions. One parent might handle medical choices while the other manages school matters, or both may need to agree on major issues. 

Families change over time, so the plan should allow updates as children grow. Some parents eventually shift to a more cooperative style, while others rely on parallel parenting long-term when conflict remains high.

We’re Here to Help

Parallel parenting can give structure and stability to families dealing with ongoing tension. At Wickersham & Bowers, we work with parenting coordinators and mental health professionals to build plans that put children first. To talk through your options, call 386-252-3000.

Florida’s Elective Share Law Dilemma: Planning Your Estate When You Can’t Fully Disinherit a Spouse

Posted on by WB Admin

Under Florida law, a surviving spouse cannot be wholly disinherited by the deceased spouse. Florida’s elective share law provides a recourse for a surviving spouse to elect to take a certain percentage of the decedent’s estate, even if the will or trust itself left the surviving spouse with nothing. 

This is particularly important in second marriages and blended families because children from prior relationships and new spouses often have competing expectations. A surviving spouse who has been disinherited may rely on the elective share to maintain financial security and avoid ending up destitute.

How Elective Share Works

Florida sets the elective share at 30 percent of what it calls the “elective estate.” This estate includes the probate estate, the homestead, and many non-probate transfers such as pay-on-death accounts, jointly held property, and assets held in a revocable trust. In some situations, property a person transferred during their lifetime can still count if they kept control or the ability to change the asset.

Once a surviving spouse chooses to make an election, the personal representative must place a value on every asset included in the elective estate and determine the spouse’s 30 percent share. Because this calculation comes first, other heirs may receive less than they expected, even if the will or trust says otherwise.

The timing rules are strict. A spouse must file the election within six months of receiving the notice of administration or within two years of the death, whichever comes first. Courts can extend the deadline, but only when the spouse shows good reason. Since the timeline starts running as soon as notice is served, a surviving spouse should contact an attorney as early as possible.

We Can Help You Protect Your Family’s Future

Florida’s elective share can reshape an estate plan in ways many people don’t expect. When it isn’t addressed early, it can create tension between a surviving spouse and other family members. Good planning helps prevent those problems and keeps everyone on the same page.

At Wickersham & Bowers, we work with Florida families to create wills, trusts, and agreements that hold up when it counts. To review or update your plan, give us a call at 386-252-3000 and schedule a time to talk.

Splitting Retirement Accounts in Divorce: How QDROs Secure Your Share of 401(k)s and Pensions in Florida

Posted on by WB Admin

In the case of a divorce in Florida, retirement benefits earned during the marriage (i.e., 401(k)s, IRAs, and pension benefits) are assumed to be marital property. The courts start off with a baseline assumption of equal distribution, but could deviate from this standard distribution depending on the statutory factors.  

Dividing these assets requires careful planning because most retirement plans are governed by federal law and can only pay benefits to the participant or an alternate payee pursuant to a Qualified Domestic Relations Order (QDRO). Without a QDRO, a plan administrator cannot legally divide and distribute benefits.

What Is a QDRO?

Federal law defines a QDRO as a court order that legally assigns part or all of a retirement plan benefit to an alternate payee, typically a spouse. To be qualified, the order must specify the amount or percentage to be paid, the names and addresses of the participant and alternate payee, and the number of payments or period to which it applies. It cannot provide for benefits not available under the plan or require different actuarial assumptions than the plan uses. 

How Florida Handles QDROs

For state employees, the Florida Retirement System (FRS) Pension Plan requires any domestic relations order dividing benefits to be submitted for approval. The FRS warns that processing a QDRO may take up to two months. The order often divides the marital portion of the pension benefits using a formula based on the length of the marriage versus total years of service. 

Payments to the alternate payee begin when the member retires and elects to receive benefits. For defined contribution plans like 401(k)s, the QDRO directs the plan administrator to transfer the alternate payee’s portion to a separate account or pay it outright.

Tax and Practical Issues

According to the IRS, distributions under a QDRO to a spouse or former spouse are taxable to the recipient, not the plan participant. If the alternate payee rolls the payment into an IRA, taxes can be deferred. 

QDROs are technical, and each plan has unique requirements. Therefore, it is wise to work with an attorney and contact the plan administrator early. Without a QDRO, you risk losing your share or incurring penalties for early withdrawal.

Call the Law Office of Wickersham and Bowers at 386-252-3000 or complete our intake form to schedule a consultation.

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