Articles and topics covering Florida divorce law, lawyers, attorneys, and law firms in Orlando, Florida (FL) and the counties of Orange County, Brevard County, Polk County, Osceola County, Seminole County, and Lake Counties for uncontested divorces and contested divorces with marital assets and high net worth cases such as doctors, CEOs, entrepreneurs.

Are Postnuptial Agreements Enforceable in Florida Divorces?

Understanding Postnuptial Agreements in Orlando’s High Net-Worth Divorces

Orlando is home to a dynamic community of successful professionals, including doctors, business owners, and other high-income earners. For many of these individuals, financial security and asset protection are critical concerns, especially in marriage. Postnuptial agreements can serve as a valuable tool to address those concerns, providing clarity and security if a divorce occurs. However, the enforceability of these agreements often becomes a contested issue in high net-worth divorces.

My name is Beryl Thompson-McClary, and I’m an Orlando high net-worth divorce Attorney. I’ve helped countless individuals across Orange County address complex legal matters, including the drafting and enforcement of postnuptial agreements. Whether you’re seeking to uphold or challenge such an agreement, I’ll provide you with strategic advice tailored to your unique circumstances. Call me at 1-888-640-2999 for an initial consultation to discuss your case.


What Is a Postnuptial Agreement?

A postnuptial agreement is a legally binding contract entered into by spouses after they are married. This document outlines how assets, debts, and other financial matters will be handled if the marriage ends. Postnuptial agreements can address property division, spousal support, and even specific issues like who retains ownership of a business or how certain investments will be divided.

Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are created during the marriage. Florida law allows for these agreements, provided they meet the required legal standards.


Enforceability of Postnuptial Agreements in Florida

The enforceability of postnuptial agreements in Florida is governed by state law, primarily under Chapter 61 of the Florida Statutes. For a postnuptial agreement to be enforceable, it must meet specific requirements:

  • Voluntary Execution: Both parties must willingly sign the agreement without any coercion, duress, or undue influence.
  • Fair Disclosure: Each party must provide full and fair disclosure of their financial assets, debts, and income at the time the agreement is executed.
  • Fair Terms: The terms of the agreement must not be unconscionable, meaning they cannot be so one-sided that they create an unfair advantage for one party.
  • Proper Formalities: The agreement must be in writing and signed by both parties. While not required, notarization is highly recommended to avoid disputes over authenticity.

If any of these requirements are not met, a court may refuse to enforce the agreement. As your Orlando high net-worth divorce Attorney, I can review your postnuptial agreement to ensure it complies with Florida law and advocate for your interests in court if its validity is challenged.


Common Disputes Over Postnuptial Agreements

Postnuptial agreements often become points of contention in high net-worth divorces. Common disputes include:

  • Coercion or Duress: One spouse may claim they were pressured into signing the agreement.
  • Incomplete Financial Disclosure: If one party fails to disclose assets or debts, the agreement may be invalidated.
  • Unfair Terms: Courts may refuse to enforce agreements that are excessively one-sided or fail to provide for the less financially secure spouse.
  • Changed Circumstances: Significant changes in circumstances, such as a substantial increase in wealth or the birth of children, may render the agreement unfair or unenforceable.

If you’re involved in a dispute over a postnuptial agreement, I’ll work diligently to protect your rights, whether you’re seeking to enforce or challenge the agreement.


Benefits of Postnuptial Agreements for High Net-Worth Individuals

For high net-worth individuals, postnuptial agreements offer several advantages:

  • Asset Protection: These agreements safeguard personal and business assets acquired before or during the marriage.
  • Financial Clarity: Couples can define how assets and debts will be divided, reducing uncertainty and conflict.
  • Customized Arrangements: Postnuptial agreements allow spouses to address unique issues, such as the division of professional practices or the management of trusts.
  • Preserving Family Wealth: For individuals with significant family wealth, a postnuptial agreement can help ensure that inherited assets remain protected.

As your Orlando high net-worth divorce Attorney, I’ll help you craft a postnuptial agreement that aligns with your financial goals and provides peace of mind.


Legal Ramifications Under Florida Statutes

Florida courts take postnuptial agreements seriously but will carefully evaluate their validity under state law. Key statutes and legal principles that come into play include:

  • Section 61.079: This statute governs marital settlement agreements and postnuptial contracts, emphasizing the need for fairness and full disclosure.
  • Public Policy: Agreements that violate public policy, such as those encouraging divorce or waiving child support obligations, are unenforceable.
  • Judicial Oversight: Courts retain the authority to review and modify agreements if enforcement would result in inequitable or unjust outcomes.

Understanding these legal principles is crucial in protecting your interests. I’ll ensure that your agreement complies with Florida law and advocate for your position in any disputes.


How Attorney Beryl Thompson-McClary Can Help

As an experienced high net-worth divorce Attorney in Orlando, I handle both the creation and litigation of postnuptial agreements. Whether you’re drafting an agreement or dealing with a contested divorce, my goal is to provide clear guidance and effective representation.

When you work with me, you’ll benefit from:

  • Personalized Service: Every case is unique, and I’ll tailor my approach to fit your specific needs.
  • Attention to Detail: I’ll ensure that your agreement is comprehensive and legally sound.
  • Strong Advocacy: If disputes arise, I’ll fight to protect your interests and secure a favorable outcome.

Call me today at 1-888-640-2999 for an initial consultation to discuss your case and learn how I can help.


FAQs About Postnuptial Agreements in Florida

What is required for a postnuptial agreement to be enforceable in Florida?

A postnuptial agreement must be signed voluntarily by both spouses without coercion. It should include full financial disclosure from both parties, be fair and reasonable, and adhere to proper legal formalities. Agreements that fail to meet these criteria may be deemed unenforceable by a Florida court.

Can a postnuptial agreement address child custody or support?

Under Florida law, postnuptial agreements cannot predetermine child custody or waive child support obligations. The court will always prioritize the best interests of the child, regardless of any agreement between the parents.

How are business interests treated in a postnuptial agreement?

Postnuptial agreements can specify how business interests will be handled in the event of a divorce. For high net-worth individuals, this often includes provisions for business valuations, buyouts, or continued ownership by one spouse. I’ll help you create an agreement that protects your business and aligns with your financial goals.

What happens if my spouse did not disclose all assets when we signed the agreement?

Failing to provide full financial disclosure can render a postnuptial agreement unenforceable. If you suspect incomplete disclosure, I’ll help you gather evidence and present your case in court.

Can a postnuptial agreement be modified or revoked?

Yes, postnuptial agreements can be modified or revoked if both spouses agree. Any changes must be documented in writing and signed by both parties. If circumstances have changed significantly, I can help you revise your agreement to reflect your current situation.

What if my spouse claims they were pressured into signing the agreement?

Claims of coercion or duress can invalidate a postnuptial agreement. As your attorney, I’ll gather evidence to demonstrate that the agreement was signed voluntarily and ensure your interests are protected in court.

How do Florida courts determine if a postnuptial agreement is fair?

Courts evaluate fairness by examining the circumstances at the time the agreement was signed. This includes whether both parties had independent legal counsel, the clarity of the terms, and the overall balance of the agreement. I’ll work to show that your agreement meets these standards.

Is a postnuptial agreement right for me?

Postnuptial agreements are particularly beneficial for high net-worth individuals who want to protect assets, businesses, or inheritances. During our consultation, I’ll help you assess whether a postnuptial agreement aligns with your financial and personal goals.


Call Attorney Beryl Thompson-McClary Today

If you’re considering a postnuptial agreement or facing challenges with an existing one, I’m here to help. As your Orlando high net-worth divorce Attorney, I’ll provide the guidance and advocacy you need to achieve the best outcome. Contact me at 1-888-640-2999 for an initial consultation. Let’s address your concerns and protect what matters most to you.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile

How to Divide Luxury Assets Like Yachts, Cars, and Jewelry in a Florida Divorce.

Providing Guidance for Orlando’s High Net-Worth Families

Orlando, Florida, isn’t just a hub for tourism and entertainment; it’s also home to many successful professionals, business owners, and families who enjoy a lifestyle that includes luxury assets such as yachts, high-end vehicles, and fine jewelry. However, when divorce becomes a reality, dividing these high-value possessions can present unique challenges. With my years of experience handling high-asset divorce cases in Orange County, I understand the importance of protecting what matters most to you.

I’m Beryl Thompson-McClary, an Orlando high net-worth divorce attorney committed to providing personalized legal support for clients facing complex property division issues. If you’re concerned about how your luxury assets will be divided, I’m here to guide you through the process. Call me at 1-888-640-2999 for an initial consultation. Together, we’ll create a plan tailored to your unique circumstances.


Understanding Florida’s Approach to Property Division

In Florida, marital property is divided according to the principle of equitable distribution, which means assets are divided fairly but not necessarily equally. The court distinguishes between marital and non-marital property, with marital property being subject to division. This distinction is critical when dealing with high-value assets like yachts, exotic cars, and fine jewelry.

Florida Statute 61.075 governs equitable distribution, outlining the factors courts consider when dividing property, including:

  • Each spouse’s contribution to the marriage, including contributions as a homemaker.
  • The economic circumstances of each spouse.
  • The duration of the marriage.
  • Any interruptions in personal careers or education for the sake of the marriage.
  • The desirability of retaining an asset, such as a family home, for the benefit of dependent children.

Yachts: A Unique Asset in High-Value Divorces

Yachts are often more than just an asset; they represent a lifestyle and significant financial investment. Florida’s coastal lifestyle makes yacht ownership common among high-net-worth individuals in Orlando. However, these vessels are also among the most challenging assets to divide due to their high value and ongoing maintenance costs.

Key Considerations for Yacht Division:

  1. Valuation: A professional appraisal is crucial to determine the yacht’s current market value. This includes factoring in depreciation, maintenance costs, and any associated debts.
  2. Ownership Structure: Many yachts are owned through LLCs or trusts, adding a layer of complexity to the division process.
  3. Selling vs. Retaining: In some cases, it may be necessary to sell the yacht and divide the proceeds. Alternatively, one spouse may choose to retain the yacht by compensating the other for their share.

As your Orlando high net-worth divorce attorney, I’ll ensure every detail is accounted for when addressing luxury assets like yachts in your divorce.


Cars: Exotic and High-End Vehicles

Exotic cars and luxury vehicles often hold significant financial and sentimental value. In Florida, these assets are treated like any other marital property but require special attention due to their unique nature.

Factors Affecting Vehicle Division:

  1. Determining Ownership: If a vehicle was purchased during the marriage, it is likely considered marital property, even if titled in one spouse’s name.
  2. Valuation: Like yachts, luxury vehicles must be professionally appraised to determine their fair market value. This includes evaluating depreciation and any outstanding loans.
  3. Practical Use: Courts may consider which spouse has a greater need for the vehicle, particularly if one has primary custody of children and requires reliable transportation.

Whether your divorce involves a collection of exotic cars or a single high-end vehicle, I’ll work to protect your interests while ensuring the division process is fair.


Jewelry: Sentimental and Financial Value

Fine jewelry can be a contentious issue in divorce due to its dual nature as both a financial asset and a sentimental item. Florida law treats jewelry acquired during the marriage as marital property unless it was received as a gift or inheritance by one spouse.

Steps in Dividing Jewelry:

  1. Inventory: Creating a comprehensive inventory of all valuable pieces is the first step. This includes documenting ownership and acquisition details.
  2. Valuation: Hiring a qualified appraiser ensures the jewelry’s value is accurately assessed, accounting for market fluctuations and gem quality.
  3. Dividing Fairly: Spouses may choose to divide jewelry by mutual agreement or sell certain pieces and split the proceeds.

The Role of Pre- and Postnuptial Agreements

For many high-net-worth couples, pre- and postnuptial agreements play a crucial role in determining how luxury assets will be handled in the event of divorce. These agreements can outline the division of specific assets, saving time and reducing conflict. If you have an existing agreement, I’ll review it to ensure its terms are enforced and in compliance with Florida law.


How Attorney Beryl Thompson-McClary Can Help

Dividing luxury assets during a divorce requires a thorough understanding of Florida law, meticulous attention to detail, and strategic planning. When you work with me, you can expect:

  • Personalized Representation: I’ll take the time to understand your goals and tailor my approach to meet your needs.
  • Thorough Asset Analysis: From valuation to ownership documentation, I’ll ensure every asset is accurately assessed and accounted for.
  • Strategic Advocacy: Whether through negotiation or litigation, I’ll work tirelessly to achieve a favorable outcome.

Call me today at 1-888-640-2999 to schedule an initial consultation. Let’s discuss how we can protect your interests and ensure a fair resolution.


FAQs About Dividing Luxury Assets in Florida Divorces

How does Florida law define marital property when it comes to luxury assets?

Florida law considers any asset acquired during the marriage as marital property, regardless of whose name is on the title. For example, if a yacht or luxury car was purchased during the marriage, it’s likely subject to division. However, assets acquired before the marriage or through inheritance may be considered non-marital property. I’ll help clarify the classification of your assets.

What if my spouse tries to hide luxury assets during the divorce?

Hiding assets is illegal and can result in severe consequences. If you suspect your spouse is concealing property, I’ll work with forensic accountants and other experts to uncover hidden assets. Florida courts take asset concealment seriously and may award a larger share of marital property to the innocent spouse.

Can I keep my jewelry if it was a gift?

In Florida, jewelry given as a gift from one spouse to the other is typically considered non-marital property and remains with the recipient. However, proving that an item was a gift may require documentation such as receipts or statements from the giver. I’ll ensure your rights to gifted jewelry are protected.

What happens if we can’t agree on how to divide luxury assets?

When spouses cannot agree, the court will decide how to divide the assets based on Florida’s equitable distribution laws. This process involves evaluating the value and ownership of each asset, as well as the overall financial circumstances of both parties. I’ll advocate for your interests throughout the process.

How are high-value vehicles appraised during a divorce?

Appraising luxury vehicles requires expertise in high-end markets. Professional appraisers consider factors like make, model, mileage, condition, and current market demand. This ensures an accurate valuation, which is essential for a fair division of assets.

Do we have to sell our yacht during the divorce?

Selling a yacht isn’t always necessary. If one spouse wishes to retain ownership, they can buy out the other spouse’s share. Alternatively, the yacht can be sold, and the proceeds divided. I’ll help you determine the best approach based on your circumstances.

Can luxury assets be divided through mediation instead of litigation?

Yes, mediation is a viable option for dividing assets, particularly for high-net-worth couples who want to avoid the time and expense of court. Through mediation, you and your spouse can reach a mutually agreeable resolution with the help of legal counsel. I’ll guide you through this process to protect your interests.

What role do taxes play in dividing luxury assets?

Taxes can significantly impact the division of high-value assets. For instance, selling a yacht or luxury vehicle may result in capital gains taxes. Understanding these implications is crucial for making informed decisions. I’ll work with tax professionals to minimize the financial impact on you.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For Your an Initial Consultation

If you’re facing a divorce involving high-value assets like yachts, luxury vehicles, or fine jewelry, I’m here to provide the legal support you need. Call me today to schedule an initial consultation, and let’s create a plan to protect your financial future.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile

Valuing Investments and Stock Portfolios in Orlando Divorces

Protecting Your Financial Future in Orlando Divorce Cases

Orlando, with its thriving economy and diverse population, is home to many high net-worth individuals, including business owners, medical professionals, and executives. Divorce cases involving significant financial assets require careful handling, especially when it comes to dividing investments and stock portfolios. As a high net-worth divorce attorney in Orlando, I’m here to guide you through the complexities of property division to ensure your financial future is secure.

I’m Attorney Beryl Thompson-McClary, and my practice focuses on protecting the interests of high net-worth clients throughout Orange County, Florida. Whether you’re dealing with an intricate investment portfolio, stock options, or other complex financial assets, I have the experience and resources to help. Call me at 1-888-640-2999 for an initial consultation to discuss your situation and learn how we can approach your case effectively.


Why Investment and Stock Valuation Matters

When a marriage ends, dividing assets is one of the most challenging aspects of the process. For high net-worth individuals, investments and stock portfolios are often among the most valuable assets to address. Florida’s equitable distribution laws require these assets to be divided fairly, but fair doesn’t always mean equal. Proper valuation ensures that both parties have a clear picture of the marital estate, allowing for informed negotiations or court decisions.


Understanding Florida’s Equitable Distribution Laws

Florida operates under an equitable distribution framework, as outlined in Florida Statutes Section 61.075. This statute requires the court to divide marital assets and liabilities in a manner that is fair but not necessarily equal. To determine fairness, the court considers factors such as:

  • The duration of the marriage
  • Each spouse’s contributions to the marriage (both financial and non-financial)
  • The economic circumstances of each party
  • The desirability of retaining certain assets, such as a business or professional practice

Investments and stock portfolios typically fall under marital assets if they were acquired or appreciated during the marriage. However, determining their exact value and status as marital or non-marital property can be complex. This is where my role as your attorney becomes crucial.


How Investments and Stocks Are Valued

Valuing investments and stock portfolios involves understanding their market value, ownership structure, and tax implications. Some common methods include:

  • Market Value Assessment: For publicly traded stocks, the valuation is relatively straightforward. The court uses the stock’s market value on a specific date.
  • Discounted Cash Flow (DCF): This method is used for investments or business interests that generate cash flow, calculating their present value based on future earnings.
  • Fair Market Value: For privately held stocks or investments, a financial expert may estimate their worth by examining comparable assets or market conditions.
  • Tax Adjustments: Recognizing potential capital gains taxes that may arise from selling investments is essential to ensure equitable division.

As your attorney, I work with financial professionals to ensure that all valuations are accurate and account for the complexities of your assets.


Common Challenges in Dividing Investments and Stock Portfolios

Dividing investments and stock portfolios can present unique challenges, such as:

  • Determining Marital vs. Non-Marital Assets: Assets acquired before the marriage or through inheritance are typically considered non-marital. However, if they’ve been commingled or appreciated due to marital efforts, they may be subject to division.
  • Stock Options and RSUs: Stock options and restricted stock units (RSUs) often come with vesting schedules and other contingencies, making them harder to value and divide.
  • Market Volatility: Investments can fluctuate significantly in value, complicating the process of reaching an equitable division.
  • Tax Consequences: Dividing stocks and investments without considering tax implications can lead to unexpected financial burdens for one or both parties.

How I Handle High Net-Worth Divorce Cases in Orlando

As a high net-worth divorce attorney in Orlando, I’ve successfully handled numerous cases involving complex asset division. My approach prioritizes thorough preparation, clear communication, and strong advocacy to protect your financial interests. Here’s what you can expect when working with me:

  • Detailed Asset Analysis: I collaborate with financial experts to evaluate your investments and stocks, ensuring accurate valuations.
  • Customized Strategies: Every case is unique, and I tailor my approach to align with your priorities and goals.
  • Comprehensive Legal Guidance: From filing initial paperwork to representing you in court, I handle every aspect of your case.
  • Focused Negotiation: I strive to resolve disputes amicably through negotiation or mediation whenever possible, but I’m always prepared to litigate if necessary.

If you’re facing a divorce involving significant financial assets, call me at 1-888-640-2999 to schedule an initial consultation.


FAQs About Valuing Investments and Stocks in Florida Divorces

What types of investments are subject to division in a Florida divorce?

Investments acquired during the marriage, including stocks, mutual funds, bonds, retirement accounts, and other financial instruments, are typically considered marital assets and subject to division. However, investments owned before the marriage may remain non-marital unless they were commingled or appreciated due to marital efforts.

How does Florida handle stock options and restricted stock units (RSUs) in divorce?

Stock options and RSUs are often tied to employment and may have vesting schedules or performance conditions. Florida courts consider factors such as when the options were granted, their vesting status, and their purpose (compensation for past work vs. future performance). I’ll help ensure these assets are valued and divided appropriately.

Can investment losses affect the division of assets in a divorce?

Yes, investment losses can impact asset division. If investments decreased in value during the divorce process, the court may consider those losses when dividing the remaining assets. I’ll work to ensure any division reflects the current value of your assets.

How are tax consequences handled when dividing investments?

Tax implications play a critical role in dividing investments. For example, selling stocks can trigger capital gains taxes, and transferring retirement accounts may incur penalties if not done correctly. I’ll ensure that tax consequences are accounted for to achieve a fair division.

What happens if one spouse hides investments during the divorce?

Hiding assets is illegal and can result in severe penalties. If you suspect your spouse is concealing investments, I’ll work with forensic accountants to uncover hidden assets and ensure they’re included in the division process.

Do I need a financial expert to value my investments in a divorce?

In most high net-worth cases, involving a financial expert is essential to accurately value complex investments. I regularly collaborate with experienced professionals to ensure all assets are properly evaluated and reported to the court.

Can we negotiate the division of investments outside of court?

Yes, many couples resolve asset division through negotiation or mediation. This approach often saves time and reduces stress compared to litigation. I’ll help you negotiate a fair settlement that reflects your financial priorities.

How long does it take to resolve investment-related issues in a divorce?

The timeline depends on the complexity of your assets and whether disputes arise. High net-worth divorces often take longer due to the need for detailed financial analysis. I’ll work diligently to move your case forward efficiently while ensuring all aspects are handled thoroughly.

What should I bring to my consultation regarding investments and stocks?

Bring documentation related to your investments, including account statements, tax returns, employment agreements, and any records of stock options or RSUs. This information helps me evaluate your case and develop a tailored strategy.


Call Attorney Beryl Thompson-McClary Today

Dividing investments and stock portfolios during a divorce requires skill, precision, and a thorough understanding of Florida law. As your attorney, I’ll guide you through this process to protect your financial interests. Contact me, Beryl Thompson-McClary, at 1-888-640-2999 for an initial consultation. Let’s work together to achieve the best possible outcome for your case.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Finding Hidden Assets in Florida High Net-Worth Divorces

Protecting Your Financial Future During Divorce in Orlando

Orlando is home to a thriving community of successful professionals, business owners, and entrepreneurs who work hard to build their wealth. With its vibrant economy and diverse industries, the city attracts individuals who understand the value of their financial future. Unfortunately, during a high-net-worth divorce, disputes over assets can become contentious, especially when one spouse attempts to hide or undervalue certain property. That’s where I, Attorney Beryl Thompson-McClary, can help.

With extensive experience handling high-net-worth divorces in Orlando and throughout Orange County, I focus on protecting my clients’ financial interests. If you’re concerned about hidden assets in your divorce, I encourage you to call me at 1-888-640-2999 for an initial consultation. Together, we can address these challenges and work toward a fair resolution.


What Are Hidden Assets in a Florida Divorce?

Hidden assets are property, income, or financial accounts that one spouse intentionally conceals from the other to avoid including them in the marital estate. Under Florida law, both parties in a divorce are required to fully disclose all assets and liabilities. However, high-net-worth divorces often involve complex financial situations, making it easier for hidden assets to go unnoticed without the right legal representation.

Examples of hidden assets may include:

  • Undisclosed bank accounts or investment portfolios.
  • Property titled in another person’s name.
  • Offshore accounts or international investments.
  • Undervalued business interests.
  • Luxury items like art, jewelry, or vehicles that haven’t been appraised.
  • Deferred bonuses or stock options.

If these assets are not identified and accounted for, the division of property may be unfair, leaving one spouse at a significant financial disadvantage.


Florida Statutes on Asset Disclosure

Under Florida Statutes §61.075, equitable distribution is the legal standard for dividing marital property. Equitable does not always mean equal but rather what is fair based on the circumstances. The court requires full financial disclosure to achieve an equitable distribution, including the filing of a Financial Affidavit.

The law imposes an obligation of transparency on both spouses. Florida Statutes §61.08 also address financial matters like alimony, which may be affected by the full disclosure of income and assets. Intentionally hiding assets violates this duty and can result in severe penalties, including fines, loss of credibility in court, or an uneven property division favoring the honest spouse.


How We Identify Hidden Assets in High Net-Worth Divorces

Uncovering hidden assets requires a detailed investigation, which is why having an experienced attorney is critical. I work closely with forensic accountants, financial analysts, and appraisers to ensure that no detail is overlooked. Our strategies often include:

  • Tracing Financial Transactions: Analyzing bank statements, tax returns, and credit card records to identify discrepancies.
  • Business Valuations: Examining business records to uncover unreported income or assets hidden within corporate entities.
  • Investigating Offshore Accounts: Reviewing international financial records for signs of hidden funds.
  • Digital Forensics: Identifying digital footprints that point to undisclosed accounts or cryptocurrency holdings.

By combining these techniques, we can build a strong case to ensure all marital assets are disclosed and fairly divided.


Ramifications of Hiding Assets in a Florida Divorce

Failing to disclose assets during a Florida divorce can have serious consequences. Courts view dishonesty in financial matters as a direct violation of Florida law, and penalties may include:

  • Imbalanced Property Division: The court may award the honest spouse a larger share of the assets.
  • Sanctions: The offending spouse may face financial penalties for contempt of court.
  • Loss of Credibility: If hidden assets are revealed, the dishonest spouse’s credibility in other aspects of the case, such as custody or alimony, may be damaged.
  • Criminal Charges: In extreme cases, hiding assets may result in fraud charges.

Protecting yourself from these pitfalls is crucial, which is why it’s important to work with an attorney who understands how to handle these high-stakes cases.


Why Choose Attorney Beryl Thompson-McClary?

Handling high-net-worth divorces requires a level of diligence and commitment that goes beyond the ordinary. I understand the unique financial complexities that professionals, business owners, and other high-income individuals face during divorce proceedings. Here’s how I stand out:

  • Comprehensive Financial Expertise: My team works with financial professionals to uncover all assets and ensure accurate valuations.
  • Client-Focused Representation: I provide personalized legal strategies tailored to your specific circumstances and priorities.
  • Experience in Orange County Courts: My familiarity with local judges and court procedures gives my clients an advantage.
  • Confidential and Discreet Service: I respect the sensitive nature of these cases and prioritize your privacy.

Call me today at 1-888-640-2999 to schedule an initial consultation. I handle cases throughout Orange County and am here to help you protect your financial future.


Frequently Asked Questions About Hidden Assets in Florida High Net-Worth Divorces

What are the warning signs that my spouse may be hiding assets?
Signs of hidden assets can include sudden financial changes, discrepancies in financial documents, or a spouse opening new accounts without explanation. Unusual purchases or gifts, unexplained withdrawals, or reluctance to share financial information may also indicate dishonesty.

Can hidden assets be uncovered after the divorce is finalized?
Yes. Under Florida law, if you discover that your ex-spouse hid assets during your divorce, you may be able to file a motion to reopen the case. Courts take intentional deception seriously and may revise the original settlement to ensure fairness.

How do offshore accounts impact a Florida divorce?
Offshore accounts can complicate divorce proceedings because they are harder to trace and often require international cooperation to access. However, with the help of forensic accountants and legal expertise, these accounts can be uncovered and included in the marital estate.

What role does a forensic accountant play in uncovering hidden assets?
Forensic accountants specialize in tracing financial transactions and identifying irregularities. They analyze tax returns, bank statements, and other records to find discrepancies that indicate hidden assets. Their expertise is invaluable in high-net-worth divorce cases.

Can my spouse be punished for hiding assets?
Yes. Hiding assets is considered a violation of Florida law. Courts may impose sanctions, adjust the property division to favor the honest spouse, or even hold the dishonest spouse in contempt of court. In severe cases, criminal charges may apply.

What is the timeline for uncovering hidden assets during a divorce?
Uncovering hidden assets can take time, especially in complex cases. The discovery process, which involves gathering and analyzing financial documents, is crucial to identifying discrepancies. Your attorney will guide you through this process to ensure thorough and accurate findings.

How do I ensure full disclosure of assets during my divorce?
Your attorney will use discovery tools like subpoenas, depositions, and requests for production to compel your spouse to disclose all financial information. Working with a skilled legal team ensures that no stone is left unturned.

Are business assets treated differently in Florida divorces?
Business assets are treated as part of the marital estate if they were acquired or grew in value during the marriage. However, valuing and dividing business interests requires specialized expertise to ensure accuracy and fairness.

What happens if my spouse undervalues assets in our divorce?
If assets are undervalued, the court may require a new appraisal or valuation. Your attorney can challenge the accuracy of appraisals and present evidence to ensure a fair division.

Why is choosing the right attorney so important in high-net-worth divorces?
High-net-worth divorces involve unique challenges, including complex financial structures, business valuations, and potential hidden assets. The right attorney will have the knowledge and resources to address these issues effectively, ensuring your financial future is protected.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For Your an Initial Consultation
Let me help you uncover the truth and protect what matters most. If you’re facing a high-net-worth divorce in Orlando, call today to discuss your case and explore your options.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Forensic Accountants in Florida High Net-Worth Divorce Cases.

Ensuring Financial Clarity for Orlando Families

Orlando is a thriving community filled with professionals, business owners, and families who have built substantial assets. When high net-worth couples face divorce, dividing those assets often becomes a complex and contentious process. Ensuring fairness in these cases requires a thorough understanding of financial details. That’s where forensic accountants play an invaluable role. As an experienced divorce attorney in Orlando, I, Beryl Thompson-McClary, work with skilled forensic accountants to protect my clients’ financial interests during high-stakes divorce proceedings. If you need help addressing these concerns, call 1-888-640-2999 for an initial consultation. Let’s discuss how I can support you through this challenging time.

My office handles high net-worth divorce cases throughout Orange County, Florida. I’m dedicated to ensuring your financial future is secure while minimizing unnecessary stress.


What Does a Forensic Accountant Do in a Divorce?

Forensic accountants are financial specialists who analyze and investigate financial records. In high net-worth divorce cases, their expertise is critical for identifying, valuing, and dividing assets fairly. These professionals provide an objective view of complex financial situations, helping courts make informed decisions about property division, spousal support, and other financial matters.

Their work often includes:

  • Identifying hidden assets: Forensic accountants locate undeclared income or concealed investments.
  • Valuing businesses: They assess the worth of professional practices, corporations, or family businesses.
  • Tracing transactions: Forensic accountants track financial movements to uncover irregularities.
  • Analyzing tax implications: They evaluate how asset division will impact each party’s tax liabilities.

When you work with me, I’ll coordinate with trusted forensic accountants to ensure every financial detail of your case is addressed comprehensively.


Florida Statutes and Financial Transparency

Under Florida law, divorcing couples must provide full financial disclosure. Florida Statutes Section 61.075 governs equitable distribution, requiring the court to divide marital assets fairly. However, equitable doesn’t always mean equal—the court considers factors such as each party’s contributions, the duration of the marriage, and the economic circumstances of each spouse.

When one party fails to disclose assets or income accurately, it can skew the division process. Forensic accountants help bridge this gap by uncovering hidden details and ensuring compliance with Florida’s financial disclosure requirements.

Florida courts also consider the value of businesses, professional practices, and other complex assets. These valuations are critical in high net-worth cases, where errors can lead to significant financial losses. Forensic accountants provide accurate assessments, ensuring that valuations align with Florida law.


Why Choose Attorney Beryl Thompson-McClary?

High net-worth divorce cases demand precision and dedication. I understand the unique challenges faced by professionals, business owners, and high-income individuals during divorce proceedings. My approach is centered on:

  • Tailored strategies: Every case is different. I take the time to understand your goals and develop a plan that protects your interests.
  • Collaboration with experts: I work with top forensic accountants to ensure that no financial detail is overlooked.
  • Comprehensive support: From asset division to child custody and spousal support, I handle every aspect of your case with care and commitment.

If you’re facing a divorce in Orange County, call 1-888-640-2999 for an initial consultation. Let’s work together to protect your financial future.


The Ramifications of Financial Mismanagement in Divorce

Failing to address financial complexities can lead to serious consequences. Mismanagement or omission of assets can result in:

  • Unfair asset distribution: Hidden assets or incorrect valuations can deprive you of your rightful share.
  • Tax liabilities: Improper handling of retirement accounts, investments, or real estate can create unexpected tax burdens.
  • Legal penalties: Failing to disclose assets violates Florida’s financial disclosure requirements and may lead to legal sanctions.

Forensic accountants mitigate these risks by ensuring transparency and accuracy in all financial matters. They play a key role in protecting your interests and ensuring that court decisions are based on complete and accurate information.


The Process of Working With a Forensic Accountant

When a forensic accountant is involved in your case, the process typically includes:

  1. Initial Assessment: The forensic accountant reviews financial documents, including tax returns, bank statements, and business records.
  2. Investigation: They trace financial transactions to identify discrepancies or hidden assets.
  3. Valuation: Forensic accountants provide valuations for businesses, properties, and other assets.
  4. Expert Testimony: If necessary, they testify in court to explain their findings and support your case.

As your attorney, I’ll coordinate with the forensic accountant to ensure their work aligns with your legal strategy. This collaboration ensures that no financial detail is overlooked and strengthens your position in court.


FAQs About Forensic Accountants in High Net-Worth Divorces

What is the primary role of a forensic accountant in a divorce?

A forensic accountant analyzes financial records to provide a clear picture of a couple’s assets and income. They help identify hidden assets, value complex financial holdings, and ensure accurate financial disclosure. Their work is essential in high net-worth cases, where the stakes are higher, and the financial details are more intricate.

Do I always need a forensic accountant in a high net-worth divorce?

Not every case requires a forensic accountant, but they are highly beneficial in situations involving business ownership, complex investments, or suspected hidden assets. During our consultation, I’ll evaluate whether involving a forensic accountant is the right decision for your case.

How does a forensic accountant find hidden assets?

Forensic accountants review tax returns, bank statements, investment accounts, and other financial documents to identify discrepancies. They trace financial transactions and use advanced investigative techniques to uncover concealed assets. This ensures that all marital property is accounted for and fairly divided.

What happens if my spouse refuses to cooperate with financial disclosures?

Florida law requires full financial disclosure during divorce proceedings. If your spouse is uncooperative, I can file motions to compel disclosure and involve a forensic accountant to uncover hidden information. Courts take financial non-compliance seriously and may impose penalties on the non-cooperative party.

How are businesses valued during a divorce?

Business valuation involves assessing tangible assets, liabilities, income streams, and goodwill. Forensic accountants use established methods to determine an accurate value. This valuation ensures that the business is fairly considered during property division.

Will a forensic accountant testify in court?

Yes, if necessary. Forensic accountants often provide expert testimony to explain their findings to the court. Their objective analysis helps clarify complex financial issues and strengthens your case. I’ll work closely with the forensic accountant to prepare them for court appearances.

Can a forensic accountant help with spousal support calculations?

Absolutely. Forensic accountants analyze income streams and assess earning potential to provide accurate spousal support recommendations. This ensures that support calculations are based on a comprehensive understanding of each party’s financial situation.

How much does a forensic accountant cost?

Costs vary depending on the complexity of your case and the scope of the forensic accountant’s work. During our consultation, I’ll provide a clear estimate of potential expenses and discuss how to manage costs effectively.

What types of financial documents will I need to provide?

Commonly required documents include tax returns, bank statements, investment account records, business financial statements, and real estate appraisals. I’ll guide you through the process of gathering and organizing these records.

How do I get started with my high net-worth divorce case?

Call me, Attorney Beryl Thompson-McClary, at 1-888-640-2999 to schedule an initial consultation. Together, we’ll review your situation, discuss your goals, and create a strategy that protects your financial interests. Let’s ensure you have the support and resources you need during this challenging time.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

If you’re facing a high net-worth divorce in Orange County, Florida, you need a dedicated advocate who understands the complexities of your case. Call today to discuss how I can help protect your assets, secure your financial future, and ensure the best possible outcome for your family.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Dividing Multiple Properties During a High Net-Worth Divorce in Florida

Addressing Complex Property Division in Orlando

Orlando is known for its vibrant culture, thriving economy, and diverse real estate market. Many high net-worth couples here have acquired multiple properties, from primary residences to vacation homes and rental investments. While these assets are a source of pride, they can also complicate divorce proceedings. Determining how to divide such properties fairly under Florida law requires careful consideration and skilled legal representation.

I’m Beryl Thompson-McClary, an Orlando-based divorce attorney. I’ve dedicated my practice to helping high net-worth clients address the unique challenges of divorce, including the division of multiple properties. If you’re facing this situation, I’m here to help protect your interests and ensure an equitable outcome. Call me for an initial consultation at 1-888-640-2999, and let’s discuss your case in detail.


Understanding Property Division Under Florida Law

Florida is an equitable distribution state, which means the court aims to divide marital property fairly, but not necessarily equally. This distinction becomes crucial in high net-worth divorces where multiple properties are involved. To achieve a fair division, Florida law requires a clear distinction between marital and non-marital assets.

Marital vs. Non-Marital Property

Under Florida Statutes §61.075, marital property includes assets acquired during the marriage, regardless of whose name is on the title. Non-marital property, on the other hand, consists of assets acquired before the marriage, through inheritance, or as gifts. However, if non-marital assets are commingled with marital funds, they may be deemed marital property.

For example:

  • A rental property purchased during the marriage is typically considered marital property.
  • A vacation home inherited by one spouse may remain non-marital, unless marital funds were used for maintenance or renovations.

During our consultation, I’ll help you categorize your properties and ensure accurate valuations.


Steps to Divide Multiple Properties

When dividing properties in a high net-worth divorce, we follow a systematic process to ensure fairness and compliance with Florida law. Here are the key steps:

Step 1: Property Identification

The first step is identifying all properties owned by the couple. This includes:

  • Primary residences
  • Vacation homes
  • Rental properties
  • Commercial real estate
  • Undeveloped land

It’s important to disclose all assets to avoid potential legal consequences.

Step 2: Property Valuation

Next, we determine the fair market value of each property. Appraisals, tax assessments, and market analyses are commonly used tools. Florida courts require accurate valuations to ensure equitable distribution.

Step 3: Determine Ownership and Classification

As discussed, properties must be classified as marital or non-marital. This classification impacts how they are divided. For marital properties, we’ll consider factors such as purchase dates, funding sources, and improvements made during the marriage.

Step 4: Distribution Options

Once properties are classified and valued, we explore distribution options. Common solutions include:

  • Selling the Properties: Proceeds are divided between the spouses.
  • One Spouse Keeps the Property: The spouse retaining the property compensates the other for their share.
  • Co-Ownership: Rare in divorces but possible if the couple agrees to retain the property jointly for business or investment purposes.

I’ll help you evaluate these options based on your goals and financial circumstances.


Factors Courts Consider in Property Division

Florida courts consider various factors when dividing marital assets under §61.075 of the Florida Statutes. These include:

  • The length of the marriage
  • Each spouse’s financial contributions to the marriage
  • The contribution of one spouse as a homemaker or caregiver
  • The economic circumstances of each spouse
  • The desirability of retaining the marital home for minor children
  • Intentional waste or dissipation of marital assets

These factors ensure a division tailored to the unique circumstances of each couple. My role is to present your case in a way that highlights your contributions and protects your financial interests.


Challenges in Dividing High-Value Properties

Hidden Assets

In some cases, one spouse may attempt to hide property or undervalue assets to gain an advantage. Forensic accountants and real estate experts can uncover such discrepancies.

Tax Implications

Selling properties can trigger significant tax liabilities, including capital gains taxes. Proper planning is essential to minimize these costs.

Emotional Attachments

Properties often hold sentimental value, particularly family homes or vacation properties. Balancing emotional considerations with financial realities is a key part of the process.

I’ll help you address these challenges while keeping your long-term financial stability in mind.


Why Choose Beryl Thompson-McClary?

Choosing the right attorney is crucial when dealing with the complexities of a high net-worth divorce. I bring a wealth of experience in property division cases and a deep understanding of Florida’s equitable distribution laws. Here’s why clients trust me:

  • Comprehensive Legal Knowledge: I’ll ensure your case complies with all relevant statutes and legal precedents.
  • Client-Centered Approach: Your priorities and goals will guide every step of the process.
  • Strong Advocacy: I’ll fight to protect your rights and achieve a fair outcome.

Let’s work together to secure your future. Call me today at 1-888-640-2999 for an initial consultation.


FAQs About Dividing Multiple Properties in Florida Divorces

How does Florida define marital property when multiple properties are involved?

Marital property includes assets acquired during the marriage, regardless of whose name is on the title. However, classification depends on various factors, such as whether marital funds were used for maintenance or improvements. I’ll help you classify each property accurately to ensure fairness.

What happens if one spouse hides property during a divorce?

Florida law requires full disclosure of all assets during divorce proceedings. If a spouse is found to have hidden property, the court can impose penalties, including awarding the concealed asset to the other spouse. I’ll work with financial experts to uncover any hidden assets.

Can I keep the family home after a divorce?

Retaining the family home is possible, especially if minor children are involved. However, you may need to compensate your spouse for their share of the property’s value. I’ll help you explore options to achieve this outcome.

What are the tax consequences of dividing properties in a divorce?

Dividing or selling properties can have significant tax implications, including capital gains taxes. I’ll work with tax professionals to minimize liabilities and ensure you’re prepared for any financial consequences.

Can we co-own properties after the divorce?

Co-ownership is an option if both parties agree, particularly for rental or investment properties. However, this arrangement requires clear agreements to avoid future disputes. I’ll help you draft agreements that protect your interests.

Do I need an appraisal for every property in a divorce?

Accurate appraisals are essential for equitable distribution. Each property’s value must be determined using reliable methods, such as professional appraisals or market analyses. I’ll guide you through this process to ensure fair outcomes.

What happens to properties located outside Florida?

Out-of-state or international properties are still subject to division in a Florida divorce. These assets may require additional legal considerations, such as foreign property laws. I’ll ensure all properties are addressed appropriately.

Can we settle property division outside of court?

Yes, many high net-worth couples prefer to settle property division through negotiation or mediation. This approach can save time and money while keeping matters private. I’ll advocate for your interests in any settlement discussions.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

Dividing multiple properties during a high net-worth divorce requires strategic planning and skilled legal representation. Let me, Beryl Thompson-McClary, guide you through this process and protect your interests. Call me today at 1-888-640-2999 to schedule an initial consultation and take the first step toward securing your future.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

If you’re facing a divorce that involves a professional practice, don’t leave your future to chance. Contact me, Beryl Thompson-McClary, to discuss your case. Together, we’ll develop a strategy to protect your rights and achieve a fair outcome. Call me for an initial consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Florida Law Handle Professional Practices in Divorce?

Protecting Your Future in Orlando Divorces

Orlando is a dynamic city filled with professionals who have worked tirelessly to establish their careers and build thriving businesses. For many, a professional practice represents not only a source of income but also years of dedication and effort. When divorce becomes a reality, the question of how Florida law handles the division of professional practices is critical. It’s essential to understand your rights and options during this challenging time.

I’m Beryl Thompson-McClary, a divorce attorney serving Orlando and all of Orange County. I’ve guided countless clients through high-stakes divorce cases involving professional practices, ensuring that their rights and futures are protected. If you’re facing a divorce and own a professional practice, or your spouse does, I’m here to help. Call me at 1-888-640-2999 for an initial consultation. Together, we can address your concerns and develop a strategy tailored to your situation.


The Legal Framework for Professional Practices in Florida Divorces

Florida is an equitable distribution state, which means marital assets are divided fairly but not necessarily equally. Professional practices, including law firms, medical practices, and accounting firms, are often treated as marital assets when they were established or grew significantly during the marriage. The critical task is determining the value of the practice and deciding how to handle its division.

Defining Marital vs. Non-Marital Assets

Under Florida Statutes §61.075, assets acquired during the marriage are typically considered marital property, including professional practices. However, if the practice was established before the marriage, only the appreciation in value during the marriage is subject to division. Non-marital assets, such as those acquired before the marriage or through inheritance, are generally excluded from the division process unless they were commingled with marital assets.


Valuation of Professional Practices

Determining the value of a professional practice is often the most complex aspect of dividing it in a divorce. The court considers several factors to ensure a fair evaluation:

  • Goodwill: Goodwill is the reputation, client base, and other intangible factors that contribute to the practice’s value. Florida distinguishes between enterprise goodwill, which is tied to the business itself, and personal goodwill, which is tied to the individual’s reputation and skills. Only enterprise goodwill is subject to division.
  • Tangible Assets: This includes office equipment, real estate, and other physical assets owned by the practice.
  • Earnings History: The court evaluates the practice’s revenue and profitability over time.
  • Liabilities: Any debts or financial obligations tied to the practice are factored into the valuation.

As your attorney, I’ll work with financial experts to ensure the valuation is accurate and accounts for all relevant factors. This ensures you’re treated fairly in the division process.


Options for Dividing Professional Practices

Dividing a professional practice in a Florida divorce can take several forms, depending on the circumstances:

  • Buyouts: The spouse who owns the practice may buy out the other’s share, allowing them to retain full ownership.
  • Offsetting Assets: Instead of dividing the practice directly, other marital assets, such as real estate or retirement accounts, may be awarded to the non-owner spouse to balance the division.
  • Co-Ownership: In rare cases, spouses may agree to continue co-owning the practice temporarily, although this option is often impractical.

My goal is to identify the best option for your specific situation, prioritizing your financial stability and long-term goals.


Protecting Your Professional Practice

If you own a professional practice, protecting its value and integrity is crucial. Florida courts aim to avoid unnecessarily disrupting the practice’s operations. This often means crafting agreements that allow the practice to continue functioning smoothly while ensuring equitable distribution. As your attorney, I’ll advocate for solutions that protect your livelihood and professional reputation.


How Attorney Beryl Thompson-McClary Can Help

Divorces involving professional practices require meticulous attention to detail and a deep understanding of Florida law. Here’s how I can help:

  • Comprehensive Case Assessment: I’ll analyze your situation to determine the best strategy for addressing your professional practice during the divorce.
  • Expert Collaboration: I work with financial analysts, forensic accountants, and other professionals to ensure accurate valuations and equitable outcomes.
  • Tailored Solutions: Every case is unique. Whether you’re looking to retain your practice, negotiate a buyout, or offset assets, I’ll develop a plan that aligns with your priorities.
  • Strong Advocacy: I’ll represent your interests both in and out of court, ensuring your voice is heard and your rights are protected.

To discuss your case, call me at 1-888-640-2999 for an initial consultation. I’m here to help you navigate these challenging issues and find a resolution that works for you.


FAQs About Professional Practices in Florida Divorces

How is goodwill handled in the valuation of professional practices?

Goodwill refers to the intangible value of a business, including its reputation and client relationships. Florida law distinguishes between enterprise goodwill, which is tied to the business itself, and personal goodwill, which is tied to the individual’s skills. Only enterprise goodwill is subject to division in a divorce. For example, a medical practice’s established patient base may be considered enterprise goodwill, while the reputation of a specific doctor may fall under personal goodwill.

What happens if my spouse helped grow the practice during the marriage?

If your spouse contributed to the growth of the practice—whether through direct involvement or by supporting you in other ways—the court may consider that contribution when dividing marital assets. This can affect the valuation and the division of the practice. Florida courts aim to recognize both tangible and intangible contributions made during the marriage.

Can a professional practice be sold during the divorce?

In some cases, selling the practice may be an option, especially if neither spouse wants to retain ownership or if a buyout isn’t feasible. However, selling a practice can be disruptive and may not always be the best solution. I’ll help you explore alternatives to avoid unnecessary complications.

What if my spouse owns the practice, and I don’t want to disrupt its operations?

If your spouse owns the practice and you prefer not to interfere with its operations, we can pursue solutions like a buyout or offsetting assets. This ensures you receive your fair share of the marital property without impacting the business’s day-to-day activities.

Are professional practices always considered marital property?

Not necessarily. If the practice was established before the marriage and its value did not increase significantly during the marriage, it may be considered non-marital property. However, if the practice grew or changed substantially while you were married, the increased value may be subject to division. I’ll review the details of your case to determine how the law applies.

How are liabilities handled in the division of professional practices?

Liabilities, such as business loans or other debts tied to the practice, are considered during the valuation process. These obligations may reduce the overall value of the practice and impact the division of assets. I’ll ensure all liabilities are accurately accounted for to achieve a fair outcome.

Do I need a forensic accountant for my case?

In many high-value divorce cases, a forensic accountant is essential for accurately valuing assets and identifying hidden income or expenses. I work closely with trusted financial experts to ensure all aspects of your case are thoroughly addressed.

Can I modify the terms of the divorce settlement later?

Once a divorce settlement is finalized, modifying terms related to property division is generally not allowed. However, terms related to alimony or child support may be subject to modification if there are significant changes in circumstances. I’ll help you understand what can and cannot be modified.

What steps should I take to protect my practice during a divorce?

Protecting your practice starts with gathering detailed financial records, ensuring compliance with court requirements, and working with an experienced attorney. I’ll guide you through each step to safeguard your interests and minimize disruptions to your business.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

If you’re facing a divorce that involves a professional practice, don’t leave your future to chance. Contact me, Beryl Thompson-McClary, to discuss your case. Together, we’ll develop a strategy to protect your rights and achieve a fair outcome. Call me for an initial consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Protecting Your Business in an Orlando Divorce

Protecting Your Business in an Orlando Divorce: Key Strategies

Safeguarding Your Livelihood Amid Legal Challenges

Orlando, Florida, is home to a vibrant community of professionals, entrepreneurs, and business owners. With its thriving economy and diverse opportunities, many individuals in Orange County have built successful businesses that form the cornerstone of their livelihoods. However, when facing a divorce, the business you’ve worked hard to establish can become a central point of contention. Ensuring its protection during divorce proceedings requires careful planning and skilled legal representation.

I’m Attorney Beryl Thompson-McClary, and I understand how deeply personal and financially significant these matters are. My team and I focus on helping business owners, professionals, and high net-worth individuals protect their assets during divorce proceedings. If you are navigating these challenges, I can provide guidance, support, and advocacy tailored to your unique circumstances. Call me at 1-888-640-2999 for an initial consultation to discuss your case and learn how I can assist you throughout Orange County, Florida.


Why Protecting Your Business in a Divorce Matters

For many, a business is more than just an income source—it represents years of dedication, creativity, and sacrifice. When a marriage ends, Florida law requires an equitable distribution of marital assets. This means that if your business is deemed marital property, its value may be subject to division. Without a strategic approach, this can lead to significant financial and operational challenges, including the potential sale of the business or loss of control over its operations.

At my firm, I guide clients through these issues by offering practical strategies and sound legal advice. Whether you’re a sole proprietor, a shareholder in a corporation, or a partner in a professional practice, I can help you navigate the legal complexities to protect what matters most.


Key Legal Issues Under Florida Statutes

Florida operates under the principle of equitable distribution, outlined in Florida Statute § 61.075. This statute governs how marital assets and liabilities are divided during divorce proceedings. While equitable doesn’t always mean equal, the court’s goal is to achieve a fair outcome based on factors such as the duration of the marriage, each spouse’s contribution to the marriage, and the economic circumstances of both parties.

Is Your Business a Marital or Non-Marital Asset?

One of the first issues we need to address is whether your business is considered marital property. Under Florida Statute § 61.075(6):

  • A business acquired during the marriage is generally treated as marital property.
  • A business owned before the marriage may remain a non-marital asset unless its value or operations were enhanced using marital funds or efforts.

If your spouse contributed to the business, whether financially or through unpaid support, such as managing household responsibilities, they might claim a portion of its value.

Business Valuation

Determining the value of a business is a critical step in divorce proceedings. This involves assessing its tangible and intangible assets, income, and goodwill. Florida courts often rely on forensic accountants to perform these valuations, ensuring that the business’s worth is accurately represented. Missteps during this process can significantly impact the division of assets, making it essential to work with experienced legal and financial professionals.


Strategies to Protect Your Business During Divorce

Pre- and Postnuptial Agreements

One of the most effective ways to safeguard your business is by establishing a prenuptial or postnuptial agreement. These contracts can specify that the business remains a separate asset, protecting it from division regardless of the circumstances.

Structuring Business Ownership

The way your business is structured can impact its vulnerability during a divorce. For example:

  • Partnership Agreements: Include provisions that limit ownership transfers during divorce proceedings.
  • Corporations or LLCs: Clearly define ownership rights and restrictions in your corporate bylaws or operating agreement.

Keeping Personal and Business Finances Separate

Commingling personal and business funds can blur the lines between marital and non-marital property. It’s crucial to maintain separate accounts and detailed financial records to demonstrate that your business remains distinct from marital assets.

Negotiation and Settlement

In many cases, negotiation and settlement can help you retain full control of your business. This may involve offering your spouse other assets, such as real estate or cash, in exchange for their interest in the business.

Court Orders and Legal Advocacy

If settlement negotiations fail, the court will decide how to handle your business. Having a skilled attorney who understands the intricacies of Florida’s laws can significantly influence the outcome. I work tirelessly to present compelling evidence and arguments to protect my clients’ interests.


Ramifications of Improper Planning

Failing to take proactive steps can lead to severe consequences, including:

  • Loss of Control: Partial ownership or operational interference by your ex-spouse.
  • Forced Sale: The court may order the sale of the business to divide its value.
  • Financial Strain: Significant payouts to a spouse can impact your business’s cash flow and long-term stability.

I aim to help my clients avoid these pitfalls by addressing potential issues early and crafting tailored solutions that align with their priorities.


Why Choose Attorney Beryl Thompson-McClary?

I understand the challenges high net-worth individuals face in divorce. My approach combines a deep understanding of Florida family law with a commitment to protecting your financial future. When you work with me, you can expect:

  • Personalized Attention: Your case is unique, and I treat it as such.
  • Strategic Advocacy: I prioritize your goals while navigating the legal complexities.
  • Comprehensive Support: From business valuations to courtroom advocacy, I’m with you every step of the way.

If you need legal guidance, don’t wait. Call me at 1-888-640-2999 to schedule an initial consultation.


FAQs About Protecting Your Business in a Divorce

Can I keep my business entirely separate from marital property?
Yes, but this depends on several factors. If you owned the business before marriage and kept its finances and operations entirely separate from marital resources, it may remain non-marital property. However, any increase in value or contributions from your spouse during the marriage could complicate this.

How is a business valued during a divorce?
Valuation involves assessing tangible and intangible assets, including equipment, real estate, revenue, and goodwill. Courts often rely on financial experts to conduct a fair valuation. The business’s structure, profitability, and market conditions all play a role in determining its value.

What happens if my spouse claims part of my business?
If the court deems the business marital property or determines your spouse contributed to its growth, they may be entitled to a share. This can be resolved through asset division, a buyout, or other financial arrangements.

How can I protect my business before getting married?
A prenuptial agreement is one of the most effective tools. It can specify that the business remains separate property and outline how its value will be treated in the event of divorce.

Is it possible to protect a business started during the marriage?
Yes, but it requires careful financial planning. Keeping detailed records and limiting your spouse’s involvement in the business can help. Additionally, structuring ownership agreements to restrict transfers can offer added protection.

Can my spouse force the sale of my business?
While this is rare, the court could order a sale if no other fair solution is available. To avoid this, you can negotiate a settlement where your spouse receives other assets in exchange for relinquishing their claim to the business.

How does my professional license factor into divorce?
Professional licenses, such as those for doctors or lawyers, are not divisible as marital property. However, the income generated from the license during the marriage may be considered.

What role does a forensic accountant play in a divorce?
Forensic accountants analyze financial records to ensure all assets are disclosed and accurately valued. They are particularly valuable in high net-worth cases involving complex business structures.

Can I negotiate a settlement instead of going to court?
Yes, many divorces are resolved through negotiation. Settlement can be faster, less expensive, and more private than litigation. Having an attorney who understands your business’s value and priorities is critical to securing a favorable agreement.

Why should I choose Attorney Beryl Thompson-McClary for my case?
I have extensive experience representing high net-worth individuals, business owners, and professionals in Orlando. I focus on protecting your financial future while ensuring your business remains intact. Call 1-888-640-2999 to schedule an initial consultation and learn how I can help.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

If you’re considering divorce, I can help you understand your options, handle the legal processes, and provide peace of mind. Call me for a free consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

How Are Assets Divided in a High Net-Worth Divorce in Florida?

Tailored Legal Solutions for Orlando’s High Net-Worth Families

Orlando is not just a vibrant city filled with world-class attractions; it’s also home to a dynamic community of business owners, professionals, and high-income earners. Divorce is never easy, but for high net-worth individuals, the stakes are even higher. When significant assets, businesses, and investments are involved, it’s crucial to work with an attorney who understands the complexities of high-value divorces.

I’m Beryl Thompson-McClary, an Orlando divorce attorney who handles high net-worth cases throughout Orange County, Florida. My goal is to protect your financial future and help you through this challenging time. If you’re facing a divorce, I’m here to help you navigate the legal process while safeguarding your assets. Call me at 1-888-640-2999 for an initial consultation to discuss your unique situation.


Understanding How Florida Handles Asset Division in Divorce

Florida is an equitable distribution state, meaning marital assets and liabilities are divided fairly—though not necessarily equally—in a divorce. For high net-worth individuals, this process can become complicated due to the variety of assets involved, including:

  • Real estate holdings
  • Business interests
  • Investments and stock portfolios
  • Retirement accounts and pensions
  • Intellectual property
  • Luxury assets like yachts, cars, and collectibles

The court considers several factors when determining how to divide marital property, as outlined in Florida Statute §61.075. These factors include the length of the marriage, each spouse’s contributions to the marital estate, the economic circumstances of both parties, and the desirability of retaining particular assets, such as a family home or business.


Defining Marital vs. Non-Marital Assets

One of the first steps in dividing assets is determining which are considered marital property and which are non-marital. Under Florida law, marital assets generally include:

  • Assets acquired during the marriage, regardless of whose name is on the title
  • Income earned during the marriage
  • Increases in value of non-marital assets due to marital contributions or efforts

Non-marital assets, on the other hand, include:

  • Property owned before the marriage
  • Gifts or inheritances received by one spouse individually
  • Assets excluded by a valid prenuptial or postnuptial agreement

Disputes often arise over whether certain assets are marital or non-marital, especially when they’ve been commingled. For example, if one spouse used personal funds to improve a marital property, the increased value may be considered marital. I’ll help you navigate these distinctions and advocate for your interests.


Valuing Complex Assets

In high net-worth divorces, accurately valuing assets is critical. This often requires the assistance of financial professionals such as forensic accountants, business valuation experts, and appraisers. Assets like businesses, investments, and intellectual property require thorough evaluation to ensure a fair distribution. For example:

  • Business Valuation: Whether you’re a small business owner or have a stake in a professional practice, determining the value of your business is essential. This includes assessing tangible and intangible assets, such as goodwill.
  • Stock Portfolios: Fluctuating market conditions can impact the value of investments, making proper valuation essential for equitable distribution.
  • Luxury Items: High-value assets like yachts, art collections, or exotic cars often require specialized appraisals.

As your attorney, I’ll work with trusted professionals to ensure every asset is properly valued and accounted for.


Protecting Business Interests

For business owners, a divorce can significantly impact operations and ownership. Under Florida law, a business founded or grown during the marriage is typically considered marital property. However, factors such as prenuptial agreements or business structures can influence how the court treats these assets.

Options for protecting your business in a divorce include:

  • Buyouts: One spouse buys out the other’s interest to retain sole ownership.
  • Dividing Business Shares: Ownership is divided, though this is less common due to operational complications.
  • Selling the Business: The business is sold, and proceeds are divided.

I’ll help you explore the best strategy to protect your business and minimize disruption.


Addressing Debts and Liabilities

High net-worth divorces often involve significant liabilities, such as mortgages, business loans, and tax obligations. Florida courts divide debts equitably, just like assets. Disputes may arise over whether certain debts are marital or non-marital. For instance, a loan taken out by one spouse for personal purposes might not be considered marital debt.


The Role of Prenuptial and Postnuptial Agreements

For high-income earners, prenuptial and postnuptial agreements often play a crucial role in asset division. These agreements can outline how assets and debts will be divided in the event of a divorce, protecting specific assets or business interests.

Florida courts generally uphold these agreements as long as they were entered into voluntarily and with full financial disclosure. If your case involves such an agreement, I’ll carefully review it to ensure your rights are protected.


Tax Implications of Asset Division

Tax consequences are a critical consideration in high net-worth divorces. Some assets, like retirement accounts, may incur penalties or tax liabilities if not handled properly. Similarly, selling certain properties or investments can trigger capital gains taxes. I’ll help you evaluate the tax implications of various settlement options to protect your financial future.


Why Choose Attorney Beryl Thompson-McClary?

Handling high net-worth divorces requires a strategic approach and a thorough understanding of Florida’s family laws. I’ve spent years helping clients in Orlando and throughout Orange County protect their assets and secure favorable outcomes. My approach is client-focused, ensuring that your unique needs and goals are always prioritized.

If you’re ready to take the first step, call me at 1-888-640-2999 for an initial consultation. Together, we’ll create a strategy to safeguard your assets and provide you with peace of mind during this challenging time.


FAQs About High Net-Worth Divorce in Florida

What happens to a business in a high net-worth divorce?

Florida courts treat businesses as marital property if they were founded or grew during the marriage. Valuation is a key step in determining how the business will be divided. Options include selling the business, dividing shares, or a buyout arrangement. I’ll work with valuation experts to protect your interests and minimize disruption to your business.

Can I protect inherited assets in a Florida divorce?

Inherited assets are typically considered non-marital property. However, if they’ve been commingled with marital assets, they may lose their non-marital status. For example, using inherited funds to renovate a marital home could make them subject to division. I’ll help you address any commingling issues and safeguard your inheritance.

How does equitable distribution work in high net-worth divorces?

Equitable distribution means the court divides assets and debts fairly, not necessarily equally. Factors such as the length of the marriage, contributions to the marital estate, and economic circumstances are considered. For high net-worth cases, the complexity of assets often requires thorough evaluation and negotiation.

Can a prenuptial agreement be challenged during divorce?

Yes, a prenuptial agreement can be challenged if there’s evidence it was signed under duress, without full disclosure, or is otherwise unfair. If your case involves a contested prenuptial agreement, I’ll provide the legal support you need to protect your rights.

Are retirement accounts divided in high net-worth divorces?

Retirement accounts earned during the marriage are typically considered marital property and subject to division. The division often requires a Qualified Domestic Relations Order (QDRO) to transfer funds without penalties. I’ll ensure the division is handled properly to avoid unnecessary costs.

How do Florida courts handle hidden assets in divorce cases?

If one spouse is suspected of hiding assets, the court can require full financial disclosure and may appoint a forensic accountant to investigate. Florida law imposes severe penalties for failing to disclose assets. I’ll ensure your case includes a thorough review to identify and address any hidden assets.

What is the role of forensic accountants in high net-worth divorces?

Forensic accountants analyze financial records to identify hidden assets, assess the value of complex holdings, and ensure accurate reporting. They’re often essential in cases involving business ownership, investments, or disputed valuations. I’ll work closely with these professionals to protect your financial interests.

Can I keep the family home in a divorce?

Whether you can keep the family home depends on factors like your financial situation and whether other assets can offset its value. Courts may also consider the best interests of any children involved. I’ll help you evaluate your options and negotiate for a fair outcome.

How long does a high net-worth divorce take in Florida?

The timeline varies depending on the complexity of the case and whether disputes arise. High net-worth divorces often involve lengthy financial evaluations and negotiations, which can take several months to over a year. I’ll work diligently to resolve your case efficiently while protecting your interests.


Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For an Initial Consultation

Divorce can be challenging, but you don’t have to face it alone. Let me help you protect your assets and secure your future. Call today to schedule an initial consultation.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions

Orlando Adult Guardianship Attorney

Supporting Families in Orlando and Beyond

Living in Orlando means enjoying a vibrant community with diverse resources. However, families caring for adults with special needs often face unique challenges, particularly when it comes to ensuring the well-being and legal protection of their loved ones. For those navigating the complexities of guardianship, I’m here to provide personalized legal assistance. My name is Beryl Thompson-McClary, and I’ve been helping families in Orange County and across Florida for years. With my guidance, you can confidently address guardianship matters while prioritizing the best interests of your loved one.

If you’re considering legal guardianship for an adult with special needs, I can help you understand your options, handle the legal processes, and provide peace of mind. Call me for an initial consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.


What Is Legal Guardianship?

Legal guardianship is a court-supervised process where a responsible individual or entity is appointed to manage the personal, medical, or financial affairs of someone who cannot make those decisions independently. Under Florida law, guardianship is often necessary for adults with developmental disabilities, mental health conditions, or cognitive impairments that prevent them from making informed decisions.

Florida Statutes define guardianship under Chapter 744, which governs the appointment and responsibilities of guardians. These laws ensure that adults with special needs receive the protection they require while safeguarding their legal rights. As your attorney, I’ll ensure your guardianship case complies with these statutes and prioritizes the well-being of your loved one.


Types of Guardianship in Florida

Florida offers several types of guardianship, depending on the individual’s needs and circumstances. Understanding these options is essential to choosing the right one:

  • Plenary Guardianship: This type grants the guardian full control over the individual’s personal, financial, and legal decisions. It’s typically reserved for cases where the individual cannot make any decisions independently.
  • Limited Guardianship: This arrangement allows the individual to retain certain rights and responsibilities, while the guardian oversees specific areas of their life.
  • Guardian Advocacy: Designed for adults with developmental disabilities, this option does not require a formal finding of incapacity. It provides a streamlined process to appoint a guardian advocate without completely removing the individual’s rights.

During our consultation, I’ll explain these options in detail and help you determine which one aligns best with your loved one’s needs.


Florida Statutory Requirements for Guardianship

Florida law requires a court to determine that guardianship is necessary before appointing a guardian. Chapter 744 of the Florida Statutes outlines the steps involved:

  1. Petition for Incapacity: A family member or interested party files this petition, requesting the court to evaluate the individual’s capacity.
  2. Examination Committee: The court appoints a panel of experts, including a physician, to assess the individual’s mental and physical condition.
  3. Court Hearing: The court reviews the findings and determines whether guardianship is necessary. If so, it appoints a suitable guardian.

The guardian’s responsibilities are clearly defined, including providing annual reports and managing the individual’s affairs with integrity. As your attorney, I’ll ensure these steps are followed thoroughly and efficiently.


Why Guardianship Matters

Guardianship provides essential protections for adults who cannot care for themselves. Without it, families may struggle to make critical decisions regarding medical care, living arrangements, and finances. Florida courts prioritize the best interests of the individual, ensuring that guardianship is only granted when absolutely necessary. For families, this process provides peace of mind, knowing their loved one’s needs are legally safeguarded.


The Role of an Attorney in Guardianship Cases

Handling a guardianship case without legal guidance can be overwhelming. As your attorney, I’ll take the lead in managing every aspect of the process, including:

  • Preparing and filing all necessary petitions
  • Representing you during court hearings
  • Ensuring compliance with Florida’s statutory requirements
  • Advising on alternatives to guardianship, such as power of attorney or healthcare surrogates, when appropriate

Choosing me means choosing a dedicated advocate who understands the emotional and legal complexities involved in these cases. My goal is to make this process as straightforward and stress-free as possible for your family.


How I Help Families Across Orange County

From my office in Orlando, I’ve assisted countless families in achieving favorable outcomes in guardianship cases. My approach is client-focused, ensuring that your loved one’s needs remain at the forefront of every decision. Whether you’re initiating a guardianship case or addressing a dispute, I’ll be by your side to guide you through the process.

To get started, call me for an initial consultation at 1-888-640-2999. Together, we’ll develop a strategy tailored to your unique situation.


FAQs About Legal Guardianship in Florida

What is the difference between plenary guardianship and limited guardianship?

Plenary guardianship gives the guardian full authority over all aspects of the individual’s life, including medical, financial, and legal decisions. Limited guardianship, on the other hand, allows the individual to retain some decision-making rights while the guardian oversees specific areas. The choice depends on the individual’s capacity and needs. I’ll help you determine which option is best for your family.

What is Guardian Advocacy, and who is eligible for it?

Guardian Advocacy is a simplified form of guardianship for adults with developmental disabilities, such as autism or Down syndrome. Unlike traditional guardianship, it does not require a finding of incapacity. This option allows families to protect their loved one’s interests while respecting their independence. I’ll guide you through the process to ensure compliance with Florida law.

Do I need an attorney to file for guardianship in Florida?

While it’s not legally required, having an attorney is highly recommended. Guardianship cases involve complex legal procedures, including petitions, hearings, and compliance with statutory requirements. I’ll handle the legal complexities so you can focus on your loved one’s well-being.

How long does the guardianship process take in Florida?

The timeline varies depending on the complexity of the case. On average, it can take a few months to complete the process. Factors such as court schedules, the need for expert evaluations, and the type of guardianship sought can influence the duration. During our consultation, I’ll provide a realistic timeline based on your circumstances.

Can guardianship be contested?

Yes, guardianship can be contested by family members or other interested parties. Common reasons include disputes over the individual’s capacity or disagreements about who should serve as guardian. If your case involves a dispute, I’ll provide strong representation to protect your interests and those of your loved one.

What responsibilities does a guardian have under Florida law?

Guardians are required to act in the best interests of the individual, managing their affairs responsibly and ethically. This includes filing annual reports, making decisions aligned with the individual’s needs, and complying with court orders. I’ll help you understand these responsibilities and ensure you’re fully prepared for the role.

Are there alternatives to guardianship?

Yes, alternatives such as power of attorney, healthcare surrogates, or trust arrangements may be appropriate in some cases. These options are less restrictive and can provide the necessary support without involving the court. I’ll assess your situation and recommend the best course of action.

How much does it cost to establish guardianship in Florida?

Costs can vary depending on the complexity of the case, court fees, and the need for expert evaluations. During our consultation, I’ll provide a clear estimate of the expenses involved and discuss payment options to make the process manageable for your family.


Call Attorney Beryl Thompson-McClary Today

Protecting the well-being of your loved one is a priority, and I’m here to help you through every step of the guardianship process. Contact me, Beryl Thompson-McClary, at 1-888-640-2999 for an initial consultation. Let’s work together to ensure the best outcome for your family.

Beryl Thompson-McClary
390 N Orange Ave #2300
Orlando, FL 32801
Phone: 1-888-640-2999