Protecting Trade Secrets and Intellectual Property in a Florida Divorce

High-Stakes Divorce Cases in Orlando and Protecting Your Business Assets

Orlando is home to thriving businesses, successful professionals, and entrepreneurs who have spent years building their wealth and intellectual property portfolios. When a high net-worth couple goes through a divorce, these valuable assets often become a focal point in property division. Protecting trade secrets, patents, copyrights, and business goodwill is critical, whether you are the spouse who owns these assets or the one who has contributed to their growth.

As an Orlando high net-worth divorce attorney, I represent business owners, executives, and professionals in complex divorces where intellectual property and trade secrets must be safeguarded. At my firm, we ensure that our clients receive fair treatment in property division while protecting business interests and proprietary information. If you are facing a high-stakes divorce, I am here to help. Call me, Attorney Beryl Thompson-McClary, for a consultation at 1-888-640-2999 to discuss your legal options.


Defining Trade Secrets and Intellectual Property in Divorce

Trade secrets and intellectual property can hold significant financial value in a divorce. Florida Statutes §688.002(4)defines a trade secret as information that derives economic value from not being generally known to others and is subject to reasonable efforts to maintain secrecy. This can include proprietary formulas, client lists, confidential business strategies, software, or product designs.

Intellectual property includes trademarks, patents, copyrights, and trade secrets that may be subject to division in a Florida divorce. The treatment of these assets depends on when they were created, whether they are considered marital or separate property, and their financial value.

Marital vs. Separate Property

Under Florida Statutes §61.075, assets acquired during the marriage are typically considered marital property and are subject to equitable distribution. However, intellectual property created before the marriage or protected through a prenuptial or postnuptial agreement may be considered separate property. Even if an intellectual property asset is classified as separate, its increase in value during the marriage may be subject to division.


Protecting Trade Secrets and Intellectual Property in Divorce

When intellectual property and trade secrets are involved in a divorce, maintaining confidentiality and securing fair distribution are priorities. Business owners, tech entrepreneurs, medical professionals, and lawyers may be concerned about their proprietary information becoming public record. Here are legal tools to protect trade secrets during divorce proceedings:

Non-Disclosure Agreements (NDAs)

If trade secrets or proprietary information are part of the divorce, courts may allow the use of non-disclosure agreementsto prevent one spouse from misusing or disclosing confidential business details. An NDA ensures that proprietary business knowledge remains protected during and after the divorce.

Valuation of Intellectual Property

Determining the fair market value of intellectual property requires input from financial experts. This includes assessing:

  • Royalties or licensing agreements
  • The profitability of patents or copyrights
  • The impact of trade secrets on business revenue
  • The goodwill attached to the business due to intellectual property assets

A qualified forensic accountant can help establish an accurate valuation, which is necessary for equitable distribution.

Business Buyouts and Settlements

In some cases, it is preferable to negotiate a buyout agreement where the business-owning spouse compensates the other spouse for their share of the intellectual property’s value. A structured settlement can prevent business disruption while ensuring a fair division of assets.

Protecting Future Business Interests

A spouse with a stake in a business that relies on trade secrets may require protective orders to ensure proprietary information is not used to gain an unfair advantage. Courts may issue orders preventing a former spouse from disclosing sensitive information or interfering with business operations.


Challenges in Equitable Distribution of Trade Secrets

Florida follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. Intellectual property and trade secrets present unique challenges in this process:

  1. Valuation Disputes – Unlike physical property, trade secrets and patents can be difficult to appraise. Courts may rely on expert testimony to determine their true value.
  2. Future Income Considerations – Intellectual property often generates revenue over time. Courts may structure settlements to account for future royalties or licensing fees.
  3. Business Continuity Concerns – Dividing trade secrets or intellectual property rights between divorcing spouses may impact business operations. Courts strive to balance fairness with protecting the business’s ongoing success.

As an Orlando high net-worth divorce attorney, I work with financial experts and business professionals to safeguard my clients’ financial interests and ensure a fair resolution.


Florida Statutes Governing Trade Secrets in Divorce Cases

Florida law provides protections for trade secrets under the Florida Uniform Trade Secrets Act (§688.001-688.009). This law prevents the misappropriation of trade secrets and allows for legal action if one party improperly discloses proprietary information.

Additionally, Florida Statutes §61.075 governs equitable distribution and outlines factors courts consider in dividing marital assets, including:

  • Contributions to the acquisition and enhancement of marital assets
  • The economic circumstances of each party
  • The desirability of retaining an interest in a business or professional practice
  • Any agreements made between the spouses

These statutes help shape the court’s approach to trade secrets and intellectual property disputes in divorce cases.


Legal Assistance for Business Owners and Spouses in High Net-Worth Divorces

Whether you are a business owner seeking to protect trade secrets or a spouse asserting your rights to marital property, having an experienced attorney is essential. I handle high net-worth divorces in Orlando, ensuring that my clients receive fair treatment while securing their business interests and intellectual property rights.

If you are going through a divorce and need assistance with complex asset division, call me today at 1-888-640-2999 for a consultation. I will work to protect your financial future and provide a legal strategy tailored to your needs.


FAQs About Trade Secrets and Intellectual Property in Divorce

How do Florida courts determine whether intellectual property is marital or separate property?

Florida courts consider when the intellectual property was created, whether marital funds contributed to its development, and if the other spouse played a role in its success. If the intellectual property was created before the marriage but grew in value during the marriage, a portion of that increased value may be subject to division.

Can a spouse claim rights to a business’s trade secrets during a divorce?

A spouse may claim a share of the business’s value, but trade secrets themselves are usually protected under Florida’s trade secret laws. Courts may issue confidentiality agreements or protective orders to prevent disclosure of sensitive information.

How are business assets valued in a Florida divorce?

Valuation experts assess business assets based on income, market value, and goodwill. If a business relies heavily on intellectual property, forensic accountants may calculate projected earnings from patents, copyrights, or trade secrets.

What happens if my spouse tries to use my business’s trade secrets against me?

If a spouse improperly uses or discloses trade secrets, legal action can be taken under the Florida Uniform Trade Secrets Act. Courts may issue injunctions and award damages if misappropriation occurs.

Should I negotiate a settlement instead of going to court?

Settlement negotiations allow greater control over the outcome and can protect business interests more effectively than litigation. I help clients negotiate favorable settlements while ensuring their rights are fully protected.


Call Attorney Beryl Thompson-McClary Today

Protecting trade secrets and intellectual property in a Florida divorce requires strategic legal planning. Call Orlando high net-worth divorce attorney Beryl Thompson-McClary at 1-888-640-2999 for an initial consultation to discuss how I can help secure your business and financial future.