Category: Family Law

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.

Some of the most valuable assets in a divorce never show up on a paycheck. Equity compensation, like restricted stock units (RSUs), stock options, and carried interest, is often tucked away in bonus plans or private partnership agreements. These forms of compensation may not vest for years, but if they were earned during the marriage, they can still be divided under Florida law.

How Courts Divide Equity in Florida Divorce Cases

Florida law considers both vested and unvested RSUs and stock options marital property if awarded during the marriage and before a divorce is filed. To separate what’s marital from what’s not, courts often use a coverture fraction. This formula compares the time the couple was married during the vesting period to the total length of that period.

Take this example: If RSUs vest over four years, and the couple was married for two of them before filing, the marital portion would typically be 50%. Once the court makes that determination, it may order a lump-sum offset or set up a constructive trust to divide the asset as it vests.

Carried Interest in Divorce

Carried interest, or “carry,” is a profit share often earned by partners in private equity or venture capital. It vests over time and may depend on performance hurdles. 

In divorce, carried interest is usually treated as a business asset and valued based on expected payouts and risk. Florida law only includes enterprise goodwill in the marital pot, not personal goodwill tied to an individual’s skills or relationships.

Valuation often requires complex models, especially with clawback provisions and long vesting periods.

Why Daubert Matters for Financial Experts

Courts in Florida observe the Daubert standard for expert witnesses. In other words, any valuation expert must employ reliable techniques, such as the Black-Scholes method or scenario modeling, apply them properly, and base their entire analysis on reliable data. A weak report could be struck down totally, jeopardizing your case.

Let Us Help You Make the Right Case

At The Law Office of Wickersham & Bowers, we understand how to track, value, and protect hidden compensation in divorce. Whether you’re facing RSUs, carried interest, or stock options, our team can help you make a strong, court-admissible case. Call us at 386-252-3000 to schedule a confidential consultation.

Couples who go through in vitro fertilization (IVF) often freeze extra embryos for later. That works well until a marriage ends. Suddenly, a deeply personal plan turns into a legal battle. 

In Florida, frozen embryos do not fit neatly into child custody law or standard property rules, which means the dispute can be unlike anything else in divorce court. Let’s explore how state law approaches these cases and what you can do to avoid legal battles.

How Florida Law Handles Frozen Embryo Disputes

According to Florida Statute § 742.17, couples using IVF should have a written agreement that explains what happens to their embryos if they divorce, pass away, or change their plans. Without it, implanting, donating, or even destroying embryos cannot be done unless both people give written consent. In practice, that means either person can stop the other from using the embryos, no matter how strongly one might want to move forward.

The law gives courts something to enforce if a valid agreement exists. If not, Florida’s approach generally favors the right not to be forced into parenthood, even when the other spouse wants to use the embryos.

Lessons From Other States’ Battles

Other states have faced high-profile frozen embryo disputes. 

• Davis v. Davis (Tennessee, 1992): The court sided with the spouse who wanted the embryos kept from use, pointing to the right to avoid becoming a parent. 
• Kass v. Kass (New York, 1998): Judges enforced the couple’s agreement to donate embryos for research. The lesson? A signed, specific agreement can prevent years of litigation.

Protecting Your Wishes Before and During Divorce

If you’re starting IVF, talk through all the “what ifs” now. Decide what should happen if you split, if one of you dies, or if you change your mind. Put it in writing. 

If you are already in divorce and without an agreement, you will need legal guidance right away to understand your options under Florida’s consent rules.

At the Law Office of Wickersham & Bowers, we help clients make these decisions before trouble starts and fight for their rights when it has. If you’re planning IVF or already facing a frozen embryo dispute, call us at (386) 252-3000. 

Families in Florida sometimes find themselves facing tough decisions about who should care for a child when parents cannot. Grandparents and close relatives often feel they should step in, but many do not realize how specific and strict the laws are. 

Grandparent Visitation Rights Under Florida Law

In Florida, grandparents do not automatically have visitation rights. According to Chapter 752 of the Florida Statutes, grandparents can ask the court for visitation only in certain serious situations. For example, if: 

• Both parents are deceased
• Both parents are missing for at least 90 days
• Both parents are in a persistent vegetative state

They can also act if one parent meets those conditions and the other parent has a violent felony conviction or poses a real threat to the child.

Grandparents must first show strong evidence that the child would suffer harm without their involvement. After that, they still have to prove that visitation serves the child’s best interests and will not harm the parent-child relationship.

When Non-Parents Can Get Custody

Seeking full custody as a non-parent is even more challenging. Florida courts follow the “parental preference rule,” which means they strongly favor keeping children with their biological or adoptive parents. 

A grandparent or relative has to show that the parent is unfit, which can involve abuse, severe neglect, substance abuse, or a consistently unsafe environment. Once unfitness is proven, the court looks at whether the relative can give the child a stable and supportive home. Factors include: 

• Emotional bond
• Living conditions
• Relative’s ability to meet the child’s daily needs

Helping Dependent Children Stay With Family

If a child is declared dependent because of abuse or neglect, Fla. Stat. § 39.509 supports placing them with relatives rather than in foster care. Grandparents may even get unsupervised, ongoing visitation if it fits the child’s case plan and is safe. 

We Help Florida Families Find Answers

At the Law Office of Wickersham & Bowers, we work with grandparents and relatives who want to support and protect children in need. We help families understand their legal options and represent them throughout the process. If you are considering custody or visitation in Florida, contact us. We are here to guide you and help you take the next step.

When parents share custody, moving out of state is not as simple as packing up and leaving. In Florida, relocating with a child, especially after a divorce or custody order, is a legal matter that requires either consent or court approval. It does not matter if the move is for a job, family support, or a fresh start, as the decision must consider how the change affects the child.

What Counts as Relocation in Florida

Under Florida law, relocation means moving 50 miles or more from your current home for at least 60 days. This rule applies to both parents and anyone with time-sharing or visitation rights. Temporary moves for school or medical care do not count.

If both parents agree, the move can happen, so long as they put it in writing. The agreement must include a new time-sharing plan and details about how the child will travel between homes. It also must be filed with the court.

When There Is No Agreement, Court Approval Is Required

If the other parent does not agree, the parent who wishes to move must file a petition to relocate. This petition needs to explain where, why, and when the parent plans to move, along with how the new arrangement will support the child’s relationship with both parents. The non-moving parent then has 20 days to object. If they do not respond, the court may approve the move without a hearing.

What Judges Consider Before Granting a Move

Florida courts make relocation decisions based on the child’s best interest. Judges look at the following: 

• The child’s age and ties to each parent
• How the move might affect school and emotional development
• Whether it would improve the quality of life
• Reasons behind the move
• Any history of violence
• Each parent’s role in the child’s life

We Help Florida Parents Handle Custody and Relocation

At Wickersham & Bowers, we help parents who are considering or contesting a move involving their children. Whether you are trying to relocate legally or protect your custody rights, we provide clear legal guidance every step of the way. Contact us today to learn how we can support your family’s next steps.