Category: Family law

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday April 21st, 2025.

In Florida divorces, dividing property can be challenging, especially if one or both spouses own intellectual property. For professionals in creative or technical fields, patents, trademarks, copyrights, and royalty agreements may be the most valuable assets on the table. Because these assets are tied to future income and may not be easy to value, courts must weigh several factors when splitting them under Florida’s equitable distribution rules.

How Florida Classifies and Divides Intellectual Property

Florida courts treat most assets created during the marriage as marital property, even if only one spouse holds legal title. That includes intellectual property like trade secrets, business goodwill, and copyrighted material. If the asset was created before the marriage but increased in value during the marriage, part of that growth may still be considered marital.

In cases involving trade secrets, protective orders and NDAs are often used to keep proprietary business information private during and after the divorce process.

How to Value Intellectual Property

Valuing intangible assets like patents or copyrights is a critical step in dividing them fairly. The most common methods include:

• Cost Approach: Calculates how much it would cost to recreate the asset today. Works best for early-stage or undeveloped projects.
• Market Approach: Compares the asset to similar ones that have sold or been licensed. Often used for patents or trademarks with market data.
• Income Approach: Projects future income, such as royalties, then discounts it to reflect risk and present value.
• Relief-From-Royalty Approach: Estimates how much someone would pay to license the asset instead of owning it. This model blends the income and market approaches.

How to Structure the Split

Courts may award the intellectual property to the original creator and assign a share of future income, such as royalties or licensing fees, to the other spouse. In some cases, a buyout is negotiated instead based on the asset’s current appraised value. For incomplete or speculative IP, a formula may be used to divide any future earnings based on the portion created during the marriage.

At the Law Office of Wickersham & Bowers, we help clients handle complex asset division, including intellectual property rights. If your divorce involves patents, royalties, trademarks, or creative work, contact us today to schedule a consultation. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday March 20th, 2025.

Divorce often reveals individual personalities as spouses rush to protect themselves. One of the most contentious issues in divorce is property division. Cash and real estate are easy to divide because they can be valued. However, it’s hard to track crypto because its value fluctuates. 

Florida law stipulates that any cryptocurrency bought during the marriage is marital property that should be split fairly. However, how do you find, value, and split the crypto properly?

Finding Hidden Cryptocurrency

Some people try to hide digital assets during a divorce. Since cryptocurrency wallets aren’t always linked to banks, crypto can be moved or stashed without leaving a clear trail. That doesn’t mean it’s impossible to find.

Here’s how attorneys and financial experts track hidden crypto:

• Bank and credit card records: Large withdrawals or payments to crypto exchanges.
• Tax returns: The IRS requires people to report crypto gains. Missing or inconsistent tax documents might hint at undisclosed assets.
• Forensic accountants: Follow digital footprints to trace where money has gone, including crypto transactions.
• Subpoenas to exchanges: If a spouse is suspected of hiding funds, legal action can force platforms to turn over transaction history.

Putting a Price on Crypto Assets

Unlike cash or stocks, cryptocurrency doesn’t have a fixed value. Courts usually pick a specific valuation date, such as the date of separation or the divorce filing, to set the value.

Some factors that go into valuation include:

• Current market price: What the cryptocurrency is worth at a given moment.
• Historical prices: Past transaction records may be useful if assets were moved before the divorce.
• Expert analysis: Financial professionals may be needed to determine fair pricing and predict future value shifts.

Splitting Cryptocurrency in a Divorce

Once the value is set, the next step is deciding the share each person gets. There are three main ways this is handled:

1. Direct transfer: The crypto is split and sent to each spouse’s separate digital wallet.
2. Asset trade: One spouse keeps the crypto while the other receives something else of equal value (like cash, stocks, or property).
3. Sell and split: The crypto is sold, and both spouses divide the profits.

If you need help handling cryptocurrency in your divorce, contact Wickersham & Bowers today for expert legal guidance.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday February 27th, 2025.

Prenuptial agreements can help couples protect their assets and define financial responsibilities before marriage. However, if a couple moves to another state or files for divorce outside their original jurisdiction, it can be difficult to enforce the agreement. Each state has different laws, and a prenuptial agreement that is valid in one place may not hold up in another.

Why Prenuptial Agreements May Not Be Enforced in Every State

State laws (not federal law) govern prenup agreements. This means each state has its own rules about what makes an agreement valid. Some states strictly enforce prenups, while others review them more closely to ensure fairness​.

One major issue is that some states follow community property laws. These laws automatically divide assets equally between spouses when they separate. If a prenup conflicts with those laws, a court may refuse to enforce certain terms​. Courts may also reject a prenup if they find it unfair, one-sided, or lacking full financial disclosure at the time of signing​.

How Can You Strengthen a Prenuptial Agreement Across State Lines?

If a couple moves or owns property in different states, they should take steps to protect the agreement. Some of the things they can do include:

• Choice-of-Law Clause: A prenup should specify which state’s laws will apply in case of a dispute. Without this, the state where the divorce is filed may apply its own laws, which could weaken the agreement​.
• Full Financial Disclosure: Courts are more likely to enforce a prenup agreement when both spouses had complete knowledge of each other’s finances before signing​.
• Independent Legal Representation: If both spouses had their own attorneys when signing the prenup, courts are less likely to question its fairness​.
• Review and Update the Agreement: If moving to another state, consult an attorney to check if the prenup complies with local laws​.

We Can Help Protect Your Agreement Before It’s Challenged

A prenuptial agreement is only useful if it holds up in court. You can take extra steps before marriage to prevent future legal battles. If you need to create or update a prenup, Wickersham & Bowers can help ensure it is enforceable no matter where life takes you. Contact us today for a consultation.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 21st, 2025.

Divorce and custody fights are hard enough, but things can worsen when one parent starts turning a child against the other parent. Being alienated can feel like your own child is slipping away. Imagine being a loving parent, and suddenly, your child won’t talk to you, avoids visits, or acts like you have done something wrong—when you haven’t. It is heartbreaking.

Sadly, parental alienation is common in high-conflict custody disputes. The good news is that you are not powerless. Florida law recognizes how harmful parental alienation can be, and there are ways to fight back and protect your relationship with your child.

What Does Parental Alienation Look Like?

Parental alienation can be sneaky. Sometimes, it is obvious, like a parent saying bad things about the other in front of the child. Other times, it is more subtle—maybe the other parent “forgets” to pass along your messages or makes the child feel guilty for wanting to spend time with you.

Here are some signs to watch for:

• Your child suddenly shows anger or fear toward you without any clear reason.
• They start using language that sounds more like the other parent than their own words.
• They refuse to visit or even talk to you, even though things used to be fine.

How Florida Law Can Help

Florida courts care about what is best for your child, and they know that having both parents involved is usually the healthiest option. If you suspect parental alienation, you can take the following legal steps:

1. Change the Custody Agreement: You can ask the court to adjust custody or visitation if the other parent is harming your relationship with your child.
2. Request Family Counseling: Judges can order therapy for your child or even the whole family to help rebuild trust and communication.
3. Enforce the Rules: If the other parent is breaking custody agreements, they could face fines or lose custody rights.

Start Rebuilding Your Bond Today

Parental alienation can cause deep pain, but you do not have to face it alone. There are real, legal ways to protect your relationship with your child and stop this behavior in its tracks. Contact Wickersham & Bowers today and take the first step toward healing your family.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday December 19th, 2024.

Grandparents play a vital role in the lives of their grandchildren, often providing love, guidance, and stability. However, when family disputes or legal challenges arise, maintaining that connection can become difficult. In Florida, grandparents seeking custody or visitation rights must navigate a specific legal process designed to protect the child’s best interests. 

Understanding the Legal Framework in Florida

Florida law does not automatically grant visitation or custody rights to grandparents. Instead, courts prioritize parental rights, giving parents the authority to decide who interacts with their children. For grandparents, this means they must provide clear evidence that their involvement is necessary for the child’s well-being.

Visitation or custody petitions can be considered in certain situations, including:

• The child’s parents are deceased, missing for 90 days, or in a vegetative state.
• A parent is unfit due to issues like neglect, abuse, or incarceration.
• A parent poses a danger to the child’s safety due to violent or criminal behavior.

These strict conditions ensure that any legal action aligns with the best interests of the child.

Steps to Seek Visitation or Custody

1. File a Petition: The first step is submitting a detailed petition to the family court. This document must include information about the relationship with the child, the requested arrangement, and evidence supporting the claim.
2. Provide Evidence: Grandparents must prove that visitation or custody benefits the child. Evidence could include:
   • Documentation of a strong pre-existing relationship.
   • Witness testimonies from teachers, neighbors, or family members.
   • Medical or school records showing the child’s need for stability.
3. Attend Hearings: The court will hold hearings to assess the case. Judges consider factors like the child’s preference (if age-appropriate), the impact on the child’s daily life, and the relationship dynamics within the family.
4. Explore Mediation: Mediation may help resolve disputes without court intervention. This approach encourages cooperation and often leads to less stressful outcomes.

Strengthening Family Bonds Through Legal Means

The legal process for grandparents seeking custody or visitation can be complex, but it is designed to protect the child’s best interests. Whether through mediation or court proceedings, ensuring the child’s safety and stability remains the priority. For personalized guidance tailored to your case, contact Wickersham & Bowers today.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday November 20th, 2024.

Child custody cases are often challenging, but the presence of domestic violence adds a layer of complexity that cannot be overlooked. Florida courts prioritize the safety and well-being of children above all else, and accusations or evidence of domestic violence heavily influence custody decisions. 

The Role of Domestic Violence in Custody Decisions

Domestic violence in Florida is defined broadly to include physical violence, emotional abuse, sexual assault, stalking, and other harmful behaviors. Family courts recognize the devastating effects these actions can have on children, even if they are not directly involved. Witnessing violence can harm a child’s emotional health and increase their risk of future behavioral issues.

To protect children, Florida law presumes that shared custody is ideal unless it would endanger the child. When one parent has a history of domestic violence, the courts are likely to limit their custody rights. Judges assess whether granting custody or visitation to the accused parent would jeopardize the child’s physical, emotional, or psychological well-being.

Factors Judges Consider in Cases Involving Domestic Violence

Judges evaluate several factors when domestic violence is a concern, including:

• Severity and History of Violence: The frequency and seriousness of the abusive behavior play a critical role. Evidence such as police reports, restraining orders, or witness testimonies is often reviewed.
• Impact on the Parent-Child Relationship: Judges examine how violence has affected the child’s emotional connection with each parent.
• Willingness to Change: Courts may consider whether the abusive parent has taken steps to address their behavior, such as attending counseling.
• Protective Measures: In cases where contact is allowed, supervised visitation may be required to ensure the child’s safety.

Protective Actions Parents Can Take

If domestic violence is part of your custody case, it is important to act. Victims can seek restraining orders, officially known as injunctions for protection, to keep abusers away. Courts may also develop detailed parenting plans to reduce risks, including supervised visitation or structured exchanges of the child.

Putting the Child First

If you are facing such a situation in Florida, understanding your rights and the legal processes is vital. For guidance tailored to your case, contact Wickersham & Bowers for personalized legal support.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday October 21st, 2024.

Going through a divorce can be challenging, and it is easy to overlook some of the less obvious things, such as your estate plan. After a divorce, there are often many loose ends, and if you do not update your estate planning documents, you could run into problems later on. Your will, trust, and even power of attorney can be affected. Let’s look at how you can make sure your plan reflects your new life situation.

Your Will and Trust Will Need Changes

One of the biggest changes that happens after a divorce is how your will and revocable trust are handled. Under Florida law, any part of your will that leaves something to your ex-spouse becomes invalid after the divorce unless you specifically state otherwise. This is important to know because if you do not update your will, the state may have to be involved in distributing those assets.

Similarly, if you had your ex-spouse listed as a beneficiary in your revocable trust, Florida law will treat it as though they predeceased you, meaning they no longer have a claim. If you do not update this, your trust might not distribute your assets the way you intend.

Update Your Beneficiary Designations

Do not forget about your beneficiary designations either. These are the people you have named to receive your life insurance policy or retirement accounts. After a divorce, Florida law automatically cancels your ex-spouse as the beneficiary unless you make it clear that you still want them to receive these assets. If you do not update these designations, the assets might end up being distributed by the state.

Power of Attorney and Health Care Decisions

If your ex-spouse was named as your power of attorney or health care surrogate, you will need to change that, too. In Florida, once you file for divorce, your ex-spouse’s authority as your power of attorney is revoked automatically. The same goes for health care decisions. It is a good idea to name someone else so that your ex is not the one making decisions for you if you become incapacitated.

Take the Next Steps

After a divorce, you must ensure your estate plan reflects your new reality. If you are unsure where to start or if you need help making these changes, reach out to Wickersham & Bowers. We can guide you through the process and ensure your estate plan reflects your wishes.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 23rd, 2024.

In 2023, Florida made some big changes to its alimony laws, which now impact many people going through a divorce. The passing of Senate Bill 1416 introduced new rules, including getting rid of permanent alimony. This update is important because it changes how alimony is awarded and calculated in the state. Here is what you should know about these new rules.

Permanent Alimony Is Eliminated

One of the most significant changes is the elimination of permanent alimony. In the past, a spouse could be awarded permanent support that lasted indefinitely, often until death or remarriage. Under CS/SB 1416, this option no longer exists. With this shift, Florida aligns with the growing trend across the country to move away from lifelong support.

The Four Types of Alimony in Florida

Although permanent alimony is no longer an option, Florida still recognizes four other types of alimony, depending on the needs and circumstances of the divorcing couple:

1. Temporary Alimony: This is awarded during the divorce proceedings to help cover immediate financial needs until the divorce is finalized.
2. Durational Alimony: Durational alimony provides support for a specific period, usually for marriages of moderate length. It is limited to 75% of the marriage’s length. For example, if a couple was married for ten years, the support can last for up to 7.5 years.
3. Bridge-the-Gap Alimony: This is capped at two years and is meant to assist with short-term needs, such as transitioning to a new home or lifestyle.
4. Rehabilitative Alimony: This type of alimony is capped at five years and is designed to help a spouse gain education or job training to become independent.

Stricter Alimony Guidelines

Another key change is the introduction of stricter guidelines for alimony calculations. Under the new law, alimony payments cannot exceed 35% of the difference in net income between the two spouses. 

Contact Us for Guidance

Florida’s new alimony laws are intended to create a fairer system. However, the changes may also create challenges depending on your situation. At Wickersham & Bowers, we are here to help you navigate these updates and make sure your rights are protected. Contact us today for guidance and support with your divorce proceedings.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday August 26th, 2024.

Family law is an essential aspect of public records, and it plays a fundamental role in cases like divorce and child custody disputes. After divorce, many parents find it hard to come to a mutual agreement on who should have custody of the children, prompting lengthy child dispute cases. Under such circumstances, family law comes into play to serve the best interests of the children.

Here’s an overview of how family law helps manage these child dispute cases. 

1. Categorization of Custody Types 

While addressing child custody disputes, family law starts by categorizing custody into different types: physical custody and legal custody. Physical custody defines where the children will reside, while legal custody defines who makes major decisions in the lives of these children. 

In other instances, both parents are given joint custody, meaning that both parties are equally involved in caring for their children. If one parent is given sole custody of the children, it means that the parent has more legal rights over the decisions involving the children. 

2. Adopting Child Standards 

Many parents claim to have the best interests of their children at heart, but this is not always the case. Child custody disputes are usually more about parents having their way and less about the best interests of the child. Family law plays a critical role in adopting the Best Interest of the Child Standard. 

This overarching principle guides the court in making decisions, especially after evaluating different factors, such as:

• The ability of each parent to meet the children’s basic needs.
• The wishes of the children, depending on their age and maturity.
• The children’s safety and health concerns.

3. Parenting Plans

Finally, family law helps create parenting plans. Parenting plans include specific details on where the child or children will live, visitation schedules, and how decisions involving their education and healthcare will be made. Parenting plans are critical in minimizing conflicts by outlining the responsibilities and schedules of both parties. 

Need Help with a Child Custody Dispute?

Family law is unchanging, and it is upon its provisions that the courts make decisions on where your child lives and where they attend school. For personalized guidance through your child custody dispute, contact Wickersham & Bowers today.