Category: Family Law

Divorce is complicated under any circumstances. When one spouse owns a business, it gets harder. The business may be the couple’s most valuable asset, and one of the most disputed. Florida courts follow a specific legal framework for handling business interests in divorce, and understanding that process can help you prepare. 

Marital vs. Non-Marital

Florida divides property through equitable distribution under Florida Statute §61.075, which starts from a presumption of equal division, though courts can deviate based on circumstances. The first question is whether the business counts as a marital asset at all.

A business started before the marriage may seem like it should belong entirely to the spouse who built it. Not necessarily. If the business grew during the marriage through either spouse’s efforts or with marital funds, that growth can be treated as a marital asset subject to division. Commingling personal and business finances makes this even messier.

A business launched after the wedding date is generally presumed marital. But like most things in family law, the facts matter enormously.

How Florida Values a Business

Once a court identifies a business interest as marital property, it needs a dollar figure. Under the 2024 amendment to §61.075, Florida now requires courts to value closely held businesses at fair market value, defined as the price a willing buyer and seller would agree on without pressure from either side.

That same amendment clarifies how courts treat goodwill. Enterprise goodwill, the value tied to the business itself, such as its reputation, location, and customer base, may count as a marital asset. Personal goodwill, tied only to the owner’s individual skills or relationships, generally does not. For professionals like doctors, lawyers, or contractors, that distinction can make a real difference in a divorce.

Valuation disputes are common. Both sides often bring in financial experts who reach different conclusions. Courts weigh the competing analyses and decide.

Talk to Our Team Before the Process Gets Away From You

Business valuation in divorce moves fast once litigation starts. The earlier you understand where you stand, the better positioned you are.

Wickersham & Bowers handles family law matters across Florida, including divorces involving closely held businesses, professional practices, and complex assets. Call us at 386-252-3000 or fill out our contact form to schedule a consultation.

Most divorce judgments lock in support terms based on what everyone knows at the time. Life does not always stick to that script. Sometimes an adult child who was healthy at the time of divorce later develops a disability that limits work capacity and creates a need for public benefits such as SSI or Medicaid. 

When that happens, families often wonder whether old orders can change and how financial support can continue without breaking benefit rules. Here is what to understand under Florida law and federal benefit standards.

When Disability Changes the Support Picture in Florida

Florida courts keep continuing jurisdiction over child support. A parent may ask the court to modify an order when a substantial change in circumstances occurs. A later-in-life disability that creates dependency can qualify. Courts look closely at medical evidence, functional limits, and financial need before adjusting support.

If the child now depends on needs-based benefits, the structure of support becomes just as important as the amount. Direct payments to the adult child may count as income for SSI purposes and reduce or eliminate monthly benefits. 

Past-due support, if paid directly, can raise similar eligibility concerns depending on how funds are received and held. That makes coordinated legal and benefits planning essential before anyone changes payment flows.

Using Special Needs Trusts and ABLE Accounts the Right Way

A third-party special needs trust allows parents, including divorced parents, to set aside funds for a disabled adult child without placing assets in that child’s name. Because the trust owns the funds, they usually do not count toward SSI and Medicaid resource limits. The trustee can then pay for approved supplemental expenses such as therapy, education support, or adaptive equipment. A well-structured third-party special needs trust typically avoids any Medicaid reimbursement requirement after death.

ABLE accounts are tax-advantaged accounts for qualified individuals with disabilities. They allow limited annual contributions and capped balances while preserving benefit eligibility. Families often use ABLE accounts for smaller, flexible spending needs and trusts for larger or long-term funding.

Review Your Orders and Planning Tools Now

Support orders and benefit rules do not always line up automatically after a late disability diagnosis. We help Florida families review existing judgments, explore modification options, and coordinate support with special needs planning tools. Call us at 386-252-3000 or fill out our contact form to discuss your situation.

Self-employment can turn a Florida divorce into a numbers problem fast. A W-2 paycheck tells one story. A business bank account, credit card, and “write-offs” can tell another. When support or alimony turns on income, the court must separate real business expenses from personal spending that simply took a detour through the company.

This post explains how Florida defines business income, how “lifestyle” evidence can matter, and when a court may impute income if someone claims they earn less than they reasonably could.

Separate “Business Income” From Personal Spending Dressed as Expenses

Florida child support law counts income from self-employment and closely held businesses, calculating it by taking total revenue and subtracting only expenses that are reasonably necessary to generate that income.

That definition sounds simple, but disputes usually start here. A personal vehicle, travel, meals, or a home office can carry mixed use. The court can look past labels and ask a practical question: Did this expense truly help generate business income, or did it mainly support a personal lifestyle?

Clear records help. So does consistency between tax returns, bookkeeping, and what you list on your financial affidavit.

Use Lifestyle Evidence to Cut Through “Expense Noise”

Lifestyle evidence means proof of how someone lives; things like rent or mortgage payments, vehicles, travel, private school tuition, large purchases, or recurring transfers to savings. It does not replace financial documents. It supports them.

When a self-employed spouse reports low income but keeps spending at a high level, the other side often uses:

• bank and credit card statements (personal and business)
• payment apps and merchant records
• loan applications and financial statements
• business ledgers that show owner draws and reimbursements

This evidence can expose patterns like personal bills paid by the business, unusually high “business” reimbursements, or cash deposits that never show up on a profit-and-loss statement.

Know When Florida Courts May Impute Income

Imputed income means the court assigns an income level based on earning capacity instead of reported earnings. Florida law allows imputation when a parent’s unemployment or underemployment is voluntary, absent incapacity or circumstances beyond the person’s control. The judge can look at work history, qualifications, and local earning levels when setting a number.

Wickersham & Bowers handles Florida divorce matters involving support, custody, and financial disputes. Call 386-252-3000 or fill out our contact form.

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.

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.

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.