Weiner & Weiss, LLC Weiner & Weiss, LLC 2026-09-11T14:38:39Z https://www.weinerweiss.com/feed/atom/ WordPress /wp-content/uploads/sites/1204417/2025/08/cropped-site-icon-32x32.jpg On Behalf of Weiner & Weiss, LLC <![CDATA[Stopping alimony at retirement in Florida: What the law says]]> https://www.weinerweiss.com/?p=46916 2026-09-08T14:38:06Z 2026-09-08T14:38:06Z When you can seek an alimony change for retirement Alimony generally does not end merely because you retire. Your existing obligation usually remains in effect until a court changes it, unless your order or agreement states otherwise. If you stop paying without legal approval, unpaid amounts can build up. You could also face enforcement action or contempt proceedings. To avoid those consequences, you can ask a court to reduce or end alimony under the retirement provisions if you meet certain conditions. You need to reach the normal Social Security retirement age or the customary age for your profession. You must also take measurable steps to retire or actually leave work. If you expect to meet those conditions, you can file up to six months before your planned retirement. To obtain a change, you need to show that retirement has reduced or will reduce your ability to pay. Your former spouse can then present reasons for keeping some or all of the award.

What courts examine before reducing or ending payments

Retirement often affects each household’s finances differently. A teacher who leaves work at a customary age presents a different case from a business owner who retires early but continues earning substantial income. For that reason, the court reviews the full financial picture rather than relying on age alone. The required analysis generally includes these considerations:
  • Your age and health: Physical limits, medical conditions and your stage of life can support the reasonableness of leaving work.
  • Your occupation and work demands: The court looks at what your job involves and when people in that field typically retire.
  • Your reason for retiring: A good-faith departure may carry greater weight than a plan designed mainly to avoid support. Your likelihood of returning to work can also matter.
  • Each person’s financial resources: Income, property, Social Security, pensions and other retirement benefits may reveal the resources available to each person.
  • Your former spouse’s needs: The court reviews the recipient’s basic expenses, ability to cover them and the financial impact of ending support.
  • Your payment history: The court examines whether you have followed the current order, including any unpaid balance.
These facts allow the court to decide between termination, a lower amount or no change. The court also considers the general alimony factors, including the marriage’s length, prior standard of living, each person’s health and earning capacity.

How the alimony reform affects existing orders

The 2023 reform added a detailed process for retirement-based modification. These provisions can govern requests to change existing alimony awards, so an older order does not necessarily prevent you from seeking relief. However, the reform does not automatically revise a prior judgment. Your settlement can also restrict modification, which makes its exact terms important. Apart from those contractual limits, the broader alimony rules govern initial petitions for divorce or support without divorce pending or filed on or after July 1, 2023. They do not automatically reopen cases completed before that date. As a result, the timing of your case, the type of award and the wording of your judgment can determine which provisions may apply.

What can legal guidance provide before retirement?

Seeking legal support before retirement may allow you to start gathering tax returns, pension estimates, benefit statements and proof of your planned departure. Those materials can show that your choice is genuine and explain how it will affect your finances. Our attorneys may clarify which standard applies to your order and when to submit your petition. They could also identify evidence that addresses both your reduced earnings and your former spouse’s needs. Filing at the proper time can place your request before the court as your employment income ends.]]> by Weiner & Weiss, LLC <![CDATA[Parental Relocation in Florida: What Parents Need to Know Before Moving With a Child]]> https://www.weinerweiss.com/?p=46893 2026-08-20T18:13:51Z 2026-08-20T18:13:51Z Relocating after a divorce or separation can be complicated when minor children are involved. A new job, remarriage, family support, educational opportunities, or financial considerations may make a move attractive or even necessary. But when a Florida parent wants to move a significant distance with a child, the decision may require the consent of the other parent or approval from the court.

Florida's parental relocation statute, Florida Statute § 61.13001, establishes specific procedures that parents generally must follow before relocating with a child. Failure to comply can have serious consequences.

At Weiner & Weiss, LLC, we have handled many contested and uncontested parental relocation matters, including both domestic and international relocation cases. These cases are highly fact-specific and often require careful preparation involving the child's best interests, time-sharing, schooling, transportation, finances, and the practical realities of maintaining the child's relationship with both parents.

What Is Considered Parental Relocation in Florida?

Under Florida Statute § 61.13001, a "relocation" generally means a change in the principal residence of a parent or other person with the child that is:

  • At least 50 miles from the residence used in the applicable time-sharing order or pending proceeding; and
  • Intended to last for at least 60 consecutive days.

Temporary absences for purposes such as vacations, education, or health care generally do not constitute relocation under the statute.

This means that simply moving to another home does not necessarily trigger Florida's relocation statute. The distance and duration of the proposed move are critical.

Can Parents Agree to a Relocation?

Yes.

If the parents—and anyone else legally entitled to access or time-sharing with the child—agree to the relocation, they can enter into a written relocation agreement.

The agreement should address:

  1. Consent to the relocation;
  2. A revised time-sharing or access schedule; and
  3. Transportation arrangements, when necessary.

If there is already a pending case or court order concerning the child's residence or time-sharing, the parties generally must submit their agreement to the court for ratification.

Even when both parents agree, the details matter. Long-distance parenting plans should carefully address holidays, summer vacations, airline travel, transportation expenses, electronic communication, school calendars, passports, and other logistical issues.

What Happens If the Other Parent Does Not Agree?

If the parents cannot reach an agreement, the parent seeking to relocate generally must file a Petition to Relocate and obtain permission from the court.

Florida law requires the petition to contain detailed information, including the proposed location, anticipated moving date, specific reasons for the relocation, and a proposed post-relocation time-sharing and transportation arrangement. If the relocation is based upon a written employment offer, the written offer must generally be attached to the petition.

These statutory requirements are important. A relocation petition that does not comply with § 61.13001 may be legally insufficient.

How Long Does a Parent Have to Object to Relocation in Florida?

Timing is particularly important in relocation litigation.

A parent who receives a Petition to Relocate generally has 20 days after service to file and serve a written objection.

The objection must be verified and must state the specific factual reasons why the relocation should be prohibited, including information regarding the objecting parent's involvement in the child's life.

Failing to timely object can substantially affect the case. Florida law provides that when no timely objection is filed, the relocation is presumed to be in the child's best interests, subject to the court's review.

Parents served with relocation papers should therefore act quickly.

What Factors Does a Florida Court Consider in a Relocation Case?

There is no automatic presumption for or against relocation when the proposed move will materially affect the existing time-sharing relationship.

Instead, the court evaluates numerous statutory factors, including:

  • The child's relationship with each parent and other important people in the child's life;
  • The child's age, developmental stage, and individual needs;
  • The effect the relocation may have on the child's educational, emotional, and physical development;
  • Whether a meaningful relationship with the non-relocating parent can realistically be maintained;
  • The logistics and expense of long-distance time-sharing;
  • The child's preference, when appropriate based on age and maturity;
  • Whether the relocation would improve the quality of life of the relocating parent and the child;
  • Employment and economic circumstances;
  • The reasons the parent wants to relocate;
  • The reasons the other parent opposes the relocation;
  • Whether the relocation request is made in good faith;
  • Career opportunities available to the non-relocating parent;
  • Relevant histories of domestic violence or substance abuse; and
  • Any other factor affecting the child's best interests.

The court may also consider the broader best-interest factors contained in Florida Statute § 61.13.

Who Has the Burden of Proof in a Florida Relocation Case?

Initially, the parent seeking relocation has the burden of proving by a preponderance of the evidence that the proposed relocation is in the child's best interests.

If that burden is satisfied, the burden shifts to the non-relocating parent to establish, also by a preponderance of the evidence, that the proposed relocation is not in the child's best interests.

Successful relocation litigation therefore often requires substantially more than simply explaining why the move would benefit the parent.

The evidence should address how the move will affect the child.

What Makes a Strong Florida Relocation Case?

A parent seeking relocation should ordinarily be prepared to present a detailed and realistic plan.

Depending on the circumstances, relevant evidence may include:

  • Employment opportunities and compensation;
  • Housing arrangements;
  • Schools and educational programs;
  • Childcare arrangements;
  • Extended family and support systems;
  • Medical or therapeutic resources;
  • Cost-of-living differences;
  • The child's extracurricular activities;
  • Airline schedules and transportation costs;
  • Proposed holiday and summer time-sharing;
  • Electronic and telephone contact;
  • The relocating parent's willingness to encourage the child's relationship with the other parent; and
  • Evidence demonstrating how the relocation will improve the child's overall quality of life.

Conversely, a parent opposing relocation should be prepared to demonstrate the strength of the existing parent-child relationship and the practical harm that the move could cause to that relationship.

Can a Parent Move First and Ask Permission Later?

Doing so can create significant legal problems.

When court approval or a valid agreement is required, relocating a child without complying with Florida's statutory requirements can result in contempt proceedings, an order requiring the child's return, modification of the parenting plan, and potentially an award of attorney's fees and costs. The unauthorized relocation may also be considered when the court ultimately decides whether relocation should be permitted.

Parents considering a move should therefore obtain legal advice before relocating.

How Does Relocation Affect Time-Sharing?

A successful relocation almost always requires reconsideration of the existing parenting plan.

For example, frequent weekly exchanges may become impractical when parents live hundreds or thousands of miles apart. Courts may instead consider arrangements involving:

  • Longer blocks of summer time-sharing;
  • Extended winter and spring breaks;
  • Alternating holidays;
  • Long weekends;
  • Virtual contact through FaceTime, Zoom, or similar technology;
  • Airline travel arrangements; and
  • Allocation of transportation expenses.

Florida courts are specifically authorized to structure contact and allocate transportation expenses in appropriate relocation cases.

The goal is to preserve frequent, continuing, and meaningful contact when doing so is financially feasible and consistent with the child's best interests.

International Parental Relocation Cases

International relocation cases can present substantially more complex issues than moves within Florida or to another state.

A proposed international relocation may require consideration of:

  • International airfare and travel time;
  • Passport possession and renewal;
  • Immigration and visa requirements;
  • International school calendars;
  • Language and cultural issues;
  • The enforceability of Florida parenting orders abroad;
  • Whether the destination country participates in applicable international child-custody treaties;
  • The practical ability of the non-relocating parent to exercise time-sharing; and
  • Procedures for addressing a child's failure to return to the United States.

These cases require careful planning because a parenting arrangement that appears workable on paper may become extraordinarily difficult to enforce when the child resides in another country.

Weiner & Weiss, LLC has handled many domestic and international parental relocation cases, representing parents seeking relocation as well as parents opposing relocation. That experience is particularly important where substantial geographic distances, international borders, complex financial circumstances, or significant time-sharing disputes are involved.

Frequently Asked Questions About Parental Relocation in Florida

How far can I move with my child without permission in Florida?

Florida's statutory definition of relocation generally applies when a parent's principal residence with the child changes by at least 50 miles for at least 60 consecutive days, subject to the specific statutory definition and circumstances of the case.

Can my ex stop me from moving out of Florida with our child?

Potentially. If the proposed move constitutes a relocation under Florida law and there is no agreement, the court may determine whether the child can relocate after considering the statutory best-interest factors.

Can I relocate if the other parent agrees?

Generally, yes, but the agreement should comply with Florida's relocation statute and may require court ratification when an existing case or parenting order is in place.

What happens if I do not object to a Florida relocation petition?

A written objection generally must be filed and served within 20 days after service of the petition. Failure to timely object can result in the relocation being permitted without a contested evidentiary hearing, subject to the statutory requirements and the child's best interests.

Does the parent seeking relocation automatically win if there is a better job?

No. A better employment opportunity can be important evidence, but the ultimate issue is whether relocation is in the child's best interests.

Does the parent staying in Florida automatically have an advantage?

No. Florida law does not create a presumption automatically favoring or opposing relocation in a contested case when the relocation materially affects time-sharing.

Speak With a Florida Parental Relocation Attorney

Parental relocation cases are among the most fact-intensive matters in Florida family law. Whether you are considering moving with your child or opposing a proposed relocation, early preparation can significantly affect your ability to present your case effectively.

At Weiner & Weiss, LLC, our attorneys have substantial experience handling Florida parental relocation matters, interstate relocation disputes, and international relocation cases.

If you are considering relocating with your child—or have been served with a Petition to Relocate—contact Weiner & Weiss, LLC to discuss your circumstances and your options under Florida law.

This article is provided for general informational purposes only and does not constitute legal advice. Every family law matter is different, and you should consult with an attorney regarding your particular circumstances.]]> by Weiner & Weiss, LLC <![CDATA[Stock Options and RSUs in a Florida Divorce: Who Receives the Unvested Compensation?]]> https://www.weinerweiss.com/?p=46876 2026-07-20T15:34:47Z 2026-07-20T15:34:47Z Quick answer: Stock options and restricted stock units may be marital assets even when they are unvested. The critical questions are when the benefits were earned, why they were awarded, and how much of the award resulted from work performed during the marriage.

What Are Stock Options and Restricted Stock Units?

A stock option gives an employee the right to purchase company stock at a specified price. Its value generally depends on the difference between the exercise price and the stock’s market price. A restricted stock unit, commonly called an RSU, is an employer’s promise to deliver shares of stock or their cash equivalent after specified vesting conditions are satisfied. Vesting may depend on:
  • Remaining employed for a particular period;
  • Meeting individual or company performance targets;
  • Completing a corporate transaction;
  • Reaching a specified retirement date; or
  • Satisfying several conditions at the same time.
The fact that an award is contingent or unvested does not automatically make it nonmarital.

Are Unvested Stock Options and RSUs Marital Property in Florida?

Under Florida Statute § 61.075, assets acquired during the marriage are generally presumed to be marital. The statute also includes vested and unvested rights accrued during the marriage in deferred-compensation and similar benefit plans. Florida courts look beyond the label placed on an award. They examine the purpose of the compensation and the period of employment it was intended to reward. An award may be intended to:
  • Compensate the employee for work already performed;
  • Reward present performance;
  • Encourage the employee to remain with the company;
  • Incentivize future performance; or
  • Accomplish a combination of these objectives.
An award based on work performed during the marriage may contain a marital component even if it will not vest until after the divorce case begins.

Why the Purpose of the Award Matters

In Parry v. Parry, the Second District Court of Appeal explained that the ultimate issue is how much of the award resulted from marital labor. When an award compensates an employee for past service performed during the marriage, it is more likely to be marital. When an award is solely intended to encourage future employment after the marital cutoff date, it may be nonmarital. Many awards serve both purposes. In those cases, a Florida court may use a time-based formula, sometimes called a coverture fraction or time rule, to determine the marital portion. The appropriate calculation depends on the grant terms and facts of the case.

What Is the Marital Cutoff Date?

Florida’s marital-classification cutoff date is generally the earliest of:
  • The date stated in a valid separation agreement;
  • Another date expressly established by that agreement; or
  • The date the divorce petition was filed.
The cutoff date is important, but it does not necessarily resolve the entire issue. An award that vests after filing may still partly compensate the employee for work performed before filing. Grant agreements, compensation-committee materials, employment contracts, and employer testimony may be necessary to determine what the award was intended to compensate.

What Documents Should Be Reviewed?

A complete executive-compensation analysis may require more than tax returns and pay stubs. Relevant documents can include:
  • Stock-option and RSU grant agreements;
  • Vesting schedules;
  • Equity-plan summaries;
  • Employment and compensation agreements;
  • Online plan statements;
  • Performance-award calculations;
  • Compensation-committee communications;
  • Annual bonus plans;
  • W-2 forms and pay statements;
  • Securities transaction records;
  • Tax returns;
  • Employment termination provisions; and
  • Documents explaining what happens after retirement, disability, termination, or a corporate acquisition.
Every outstanding grant should be listed separately. Different awards may have different purposes, vesting conditions, exercise prices, expiration dates, and marital percentages.

How Are Stock Options and RSUs Valued?

Valuing equity compensation can be more complicated than valuing ordinary publicly traded stock. Vested RSUs may be valued using the applicable market price. A vested stock option may have readily identifiable intrinsic value when the company’s stock price exceeds the exercise price. Unvested or performance-based awards present additional questions:
  • Will the award actually vest?
  • How likely is the employee to satisfy the conditions?
  • What happens if employment ends?
  • Is the company publicly traded or privately held?
  • Should future taxes be considered?
  • Should the award be discounted for risk or delayed receipt?
  • Which valuation date should be used?
In some cases, a financial expert may be necessary. In others, postponing distribution until the award actually vests may be more reliable than attempting to calculate its present value.

How Can Equity Compensation Be Divided?

Employer plans frequently prohibit transferring an unvested award to a former spouse. That does not mean the nonemployee spouse cannot receive a marital share. Common approaches include: Immediate offset: The employee keeps the equity awards, while the other spouse receives a greater share of cash, investments, or other marital property. Deferred distribution: The employee retains the award and pays the former spouse an agreed percentage if and when it vests, is exercised, or is sold. Division of vested shares: Shares that have already vested may be divided or transferred when the plan permits it. A settlement agreement should address:
  • The specific grants being divided;
  • The marital percentage of each grant;
  • Whether the division is based on gross or after-tax proceeds;
  • Responsibility for withholding and transaction costs;
  • Deadlines for notice and payment;
  • Decisions concerning when options will be exercised;
  • What happens if an award is modified, replaced, or accelerated;
  • The effect of termination, retirement, disability, or death; and
  • Access to future plan statements and supporting records.
Vague provisions can create years of enforcement disputes.

Can Equity Compensation Affect Support?

Executive compensation may also affect alimony or child support. Florida’s child-support statute expressly includes bonuses, commissions, and similar payments within gross income. It also includes certain gains from property. See Florida Statute § 61.30. The analysis is fact-specific. Counsel must determine whether an award represents property, income, or both—and whether the same economic benefit risks being counted more than once.

Common Mistakes in Cases Involving Equity Compensation

Frequent problems include:
  • Assuming unvested awards have no marital value;
  • Reviewing only the employee’s current account balance;
  • Treating all grants as though they have identical terms;
  • Ignoring awards made for past marital work;
  • Failing to obtain the full compensation plan;
  • Using an incorrect valuation date;
  • Overlooking tax withholding and cost basis;
  • Forgetting option expiration dates; and
  • Drafting a settlement that does not address future vesting events.
These mistakes can materially affect the final financial outcome.

Frequently Asked Questions

Are unvested RSUs divided in a Florida divorce?

They may be. An unvested RSU can have a marital component when it was earned, at least partly, through work performed during the marriage.

Does the employee spouse automatically keep stock options held in that spouse’s name?

No. Account ownership does not determine whether the award is marital. The purpose of the grant and the period of employment it rewards are more important.

What happens if the employee leaves the company before the award vests?

The award may be forfeited, depending on the plan. A properly drafted settlement should explain how forfeiture will affect both parties and prohibit intentional conduct designed to defeat the other spouse’s interest.

Can an employer transfer RSUs directly to a former spouse?

Often, unvested awards cannot be transferred under the employer’s plan. The employee spouse may need to retain the award and pay the other spouse after vesting.

How is the marital portion calculated?

A court may use a time-based formula comparing the marital period during which the award was earned with the total period required to earn or vest in the award. There is no single formula appropriate for every compensation plan.

Are annual bonuses marital assets?

A bonus earned through work performed during the marriage may be marital even if it is paid later. Bonuses may also be considered income for support purposes, depending on the circumstances.

Speak With a Florida High-Net-Worth Divorce Attorney

Stock options, RSUs, performance awards, and deferred compensation require careful analysis. The value shown on a current statement may not reflect the complete marital interest, future tax consequences, or benefits that remain unvested. If your Florida divorce involves executive compensation or other complex assets, contact Weiner & Weiss, LLC to discuss how those benefits should be discovered, valued, and addressed. This article provides general information and is not legal, financial, or tax advice. The treatment of any compensation award depends on its governing documents and the specific facts of the case.]]> On Behalf of Weiner & Weiss, LLC <![CDATA[Executive Bonus Structures & High-Net-Worth FL Divorce]]> https://www.weinerweiss.com/?p=46872 2026-07-14T10:57:14Z 2026-07-14T10:57:14Z Divorce can feel like years of hard work are suddenly up for negotiation. When large bonuses and incentive pay enter the picture, the uncertainty grows. Under Florida law, much of that compensation may count as marital property.

Why the timing of a bonus matters

Florida divides marital property under its equitable distribution statute, Florida Statutes § 61.075. The law covers vested and nonvested benefits accrued during the marriage. That includes deferred compensation, profit-sharing plans and similar programs. Courts often focus on when you earned a bonus, not when the company paid it. Suppose an executive worked all year toward a performance payout. If the check arrives after the divorce filing, part of it may still be marital. The portion tied to work performed during the marriage could face division.

Which bonus structures courts may divide

Courts may treat several forms of incentive pay as marital property. Here’s what you need to know:
  • Cash bonuses: Pay awarded for work completed during the marriage.
  • Deferred incentives: Amounts earned during the marriage but paid out later.
  • Unvested awards: Grants that courts may split between marital and separate shares.
Judges may apply time-based formulas to decide how much of an unvested award belongs to the marriage.

How fluctuating pay affects support

Valuation is only half the challenge. A spouse's income for support purposes goes beyond base salary. Florida courts may include average bonus income when calculating alimony and child support. Large swings in pay can complicate this math. A judge might review several years of compensation records to set a fair figure. This helps prevent one low year from distorting the outcome.

Protecting your share of complex compensation

Executive pay is rarely just a paycheck. Courts may divide bonuses, deferred incentives and unvested awards earned during the marriage. Timing, valuation and support calculations each shape the final result. Understanding these rules can help you avoid settling for less than your fair share. Questions like these arise often in divorce cases with significant assets on the line. If your case involves disputed timing or contested valuations, an attorney can help you understand your options.]]> by Weiner & Weiss, LLC <![CDATA[What Are the Different Types of Parental Responsibility in Florida?]]> https://www.weinerweiss.com/?p=46867 2026-07-13T14:51:45Z 2026-07-13T14:51:45Z who will make decisions for their children. Florida law refers to this decision-making authority as parental responsibility. Parental responsibility is addressed in the parenting plan and is separate from time-sharing, which determines when the children will spend time with each parent. Florida courts generally recognize three primary parental-responsibility arrangements:
  1. Shared parental responsibility
  2. Shared parental responsibility with ultimate decision-making authority
  3. Sole parental responsibility
The appropriate arrangement depends on the children’s best interests and the specific circumstances of the family.

What Is Parental Responsibility Under Florida Law?

Parental responsibility refers to the parents’ rights and obligations concerning important decisions affecting their children. A Florida parenting plan must identify how the parents will share responsibility for the daily tasks associated with raising the children. It must also designate responsibility for matters such as health care, education, school registration and other activities. Important parental decisions may include:
  • Medical, dental and mental-health treatment
  • School selection and educational services
  • Religious upbringing
  • Extracurricular activities
  • Counseling and therapy
  • Special-needs services
  • Other significant matters affecting the children’s welfare
A parenting plan is generally required in Florida cases involving minor children and time-sharing, even when the parents agree about the schedule. When the parents cannot agree, the court may establish the parenting plan.

What Is Shared Parental Responsibility in Florida?

Shared parental responsibility means that both parents retain full parental rights and responsibilities concerning their children. The parents are expected to communicate with one another and jointly make major decisions affecting the children. Florida law directs courts to order shared parental responsibility unless the court finds that sharing parental responsibility would be detrimental to the child. Under shared parental responsibility, neither parent should make significant decisions unilaterally unless the parenting plan or court order permits that parent to do so. Shared parental responsibility may work well when the parents are capable of:
  • Communicating respectfully
  • Exchanging important information
  • Attending medical or educational meetings
  • Considering the other parent’s position
  • Placing the children’s needs ahead of their conflict
  • Reaching decisions without repeatedly involving the court
Shared parental responsibility does not require the parents to agree on every minor issue. It generally applies to important decisions that could substantially affect a child’s health, education, development or welfare.

Does Shared Parental Responsibility Mean Equal Time-Sharing?

No. Parental responsibility and time-sharing are separate legal concepts. Parental responsibility concerns decision-making authority. Time-sharing concerns the schedule under which the children spend time with each parent. Parents may share parental responsibility even when one parent has substantially more overnights than the other. Likewise, parents may have equal time-sharing while one parent has ultimate authority over a particular category of decisions. Although Florida law currently contains a rebuttable presumption that equal time-sharing is in a child’s best interests, the court must still evaluate the individual circumstances of the family.

What Is Shared Parental Responsibility With Ultimate Decision-Making Authority?

Florida courts may order shared parental responsibility with ultimate decision-making authority when both parents should remain involved but joint decision-making has become difficult or impractical. In this arrangement, the parents remain obligated to consult and communicate with one another. However, one parent may be given the final authority over a specific category of decisions if the parents cannot agree. Florida law permits a court to grant one parent ultimate responsibility over particular aspects of a child’s welfare or to divide those responsibilities between the parents. These areas may include education, health care and other responsibilities unique to the family. For example, a court might order:
  • The parents share parental responsibility, but the mother has ultimate authority over educational decisions.
  • The parents share parental responsibility, but the father has ultimate authority over nonemergency medical decisions.
  • One parent has ultimate authority over schooling while the other has ultimate authority over extracurricular activities.
The court should clearly identify the scope of the ultimate authority. A parent who has ultimate decision-making authority may still be required to consult with the other parent before making the final decision. Ultimate decision-making authority should not be viewed as permission to exclude the other parent from the child’s life or conceal important information.

When Might a Court Grant Ultimate Decision-Making Authority?

A Florida judge may consider ultimate decision-making authority when the parents have demonstrated that they cannot consistently reach joint decisions. Relevant circumstances may include:
  • Repeated disagreements concerning schools or medical providers
  • An inability to obtain timely consent for necessary treatment
  • Constant deadlock over educational services
  • A history of refusing to communicate
  • Significant differences concerning therapy or special-needs services
  • One parent’s superior knowledge or involvement in a particular area
  • Conflict that is interfering with the child’s welfare
The court’s focus is not on rewarding or punishing either parent. The issue is whether assigning final authority over a limited subject will serve the child’s best interests.

What Is Sole Parental Responsibility in Florida?

Sole parental responsibility gives one parent the authority to make major decisions for the child without obtaining the other parent’s agreement. A Florida court may order sole parental responsibility when shared parental responsibility would be detrimental to the child. The court may also order sole parental responsibility when doing so is in the child’s best interests. Sole parental responsibility is generally reserved for cases involving serious concerns that make meaningful joint decision-making unsafe, harmful or unworkable. Potential factors may include:
  • Domestic violence
  • Child abuse, abandonment or neglect
  • Serious untreated substance misuse
  • Significant mental-health instability affecting parenting
  • Dangerous or criminal conduct
  • Chronic interference with necessary medical treatment
  • Conduct placing the child at substantial risk
  • An established inability to make decisions in the child’s interests
Florida law specifically requires courts to consider evidence of domestic violence, sexual violence, abuse, abandonment, neglect and other relevant circumstances when determining whether shared parental responsibility would be detrimental to a child.

Does Sole Parental Responsibility Eliminate Time-Sharing?

Not necessarily. A parent may be denied decision-making authority but still receive time-sharing with the child. Depending on the evidence, the court may order:
  • Regular time-sharing
  • Restricted time-sharing
  • Supervised time-sharing
  • Therapeutic visitation
  • Safe or neutral exchanges
  • Conditions involving substance testing or treatment
  • No time-sharing when contact would endanger the child
Florida law allows the court to order sole parental responsibility with or without time-sharing for the other parent. The court must separately determine what decision-making arrangement and time-sharing schedule will protect the child and serve the child’s best interests.

What Factors Does a Florida Court Consider?

The best interests of the child are the primary consideration when a Florida court establishes or modifies parental responsibility and a parenting plan. The court may consider factors such as:
  • Each parent’s ability to encourage a relationship between the child and the other parent
  • The parents’ anticipated division of responsibilities
  • Each parent’s ability to place the child’s needs first
  • The stability of the child’s existing environment
  • The parents’ mental and physical health
  • The child’s home, school and community history
  • Each parent’s knowledge of the child’s daily life
  • Each parent’s ability to provide a consistent routine
  • The parents’ ability to communicate
  • Evidence of domestic violence, abuse or neglect
  • The child’s developmental and emotional needs
The court evaluates the family as a whole. No single factor automatically determines the outcome in every case.

Can Parental Responsibility Be Modified?

Yes, but a parent generally cannot modify an existing parenting plan merely because the parent is dissatisfied with the current arrangement. Florida law requires a parent seeking modification to establish:
  1. A substantial and material change in circumstances; and
  2. That the requested modification is in the child’s best interests.
Examples that might support modification include:
  • A serious breakdown in joint decision-making
  • New evidence of domestic violence or abuse
  • A parent’s prolonged failure to participate in decisions
  • A child developing significant educational or medical needs
  • Repeated obstruction of necessary treatment
  • A material change affecting the child’s safety or welfare
The specific facts and the language of the existing parenting plan are critical.

Why Is a Detailed Florida Parenting Plan Important?

A vague parenting plan can create unnecessary conflict. A carefully drafted parenting plan should address:
  • Which decisions must be made jointly
  • Which parent has ultimate authority, if applicable
  • How quickly parents must respond to requests
  • How medical and educational information will be shared
  • Whether both parents may communicate directly with providers
  • How emergencies will be handled
  • How disputes will be resolved
  • Whether mediation is required before returning to court
Florida law generally provides both parents with access to the child’s medical, dental and school records unless a court order specifically restricts those rights. Clear language can reduce misunderstandings and help prevent repeated litigation.

Frequently Asked Questions About Florida Parental Responsibility

What is the most common type of parental responsibility in Florida?

Shared parental responsibility is generally the starting point because Florida law requires it unless the court finds that it would be detrimental to the child.

Can one parent make all medical decisions?

Yes. The court may grant one parent ultimate authority over health-care decisions or award sole parental responsibility when supported by the evidence and the child’s best interests.

Can parents divide decision-making authority?

Yes. One parent may receive ultimate authority over education while the other receives ultimate authority over another defined area.

Can a parent with sole parental responsibility move away with the child?

Sole parental responsibility does not automatically eliminate Florida’s relocation requirements. A proposed relocation may still be governed by section 61.13001, Florida Statutes.

Can a parent lose shared parental responsibility for refusing to communicate?

Persistent refusal to communicate may be relevant, especially when it prevents important decisions from being made. However, the court will evaluate the full history and the effect on the child.

Is parental responsibility the same as legal custody?

The term “legal custody” is commonly used in other jurisdictions. Florida family courts generally use the terms parental responsibility, parenting plan and time-sharing.

Speak With a Florida Family Law Attorney

Parental-responsibility disputes can affect nearly every important decision in a child’s life. Whether a case involves shared parental responsibility, ultimate decision-making authority or sole parental responsibility, the parenting plan should be precise, workable and tailored to the needs of the particular family. An experienced Florida family law attorney can evaluate the history of the parents’ decision-making, identify relevant evidence and help prepare a parenting plan that protects the children’s best interests. Scott Weiss Weiner & Weiss, LLC Florida Marital and Family Law Attorneys This article is provided for general informational purposes only and is not legal advice. The law may change, and the outcome of any family-law matter depends on its specific facts. Reading this article does not create an attorney-client relationship.]]> On Behalf of Weiner & Weiss, LLC <![CDATA[How crypto and Bitcoin are divided in a Florida divorce]]> https://www.weinerweiss.com/?p=46861 2026-06-30T09:25:47Z 2026-07-02T09:22:12Z Ways of valuing cryptocurrency for divorce All crypto that spouses bought and earned during the marriage counts as marital property, meaning the courts will consider them for division. But before a judge can decide how to distribute this between parties, they must determine the asset’s valuation date. They have discretion in selecting whether an appraisal occurs at the time of filing or at the final trial. After obtaining the fair market value, the courts or spouses may split their crypto using these methods:
  • In-kind distribution: The courts divide the digital currency, allocating a specific amount to each spouse.
  • Buyout: The courts decide to award full ownership of crypto to one spouse while compensating the other with an equivalent value in other marital assets.
  • Liquidation: The courts sell the crypto and divide the cash proceeds between spouses.
Even though the state has solutions for dividing volatile crypto assets, some would take advantage of their decentralized nature.

Risks of hidden crypto you should know

Because cryptocurrency allows for pseudonymity, some spouses attempt to conceal wealth by transferring funds into private digital wallets or obscure altcoins. Even so, digital forensics can still trace and uncover hidden assets, as all transactions on the blockchain are permanent. Intentionally hiding crypto constitutes fraud, and Florida judges will impose severe penalties on spouses caught concealing marital wealth.

What to do with your crypto holdings during divorce

Florida law mandates that you provide a full disclosure of your assets, including crypto. When drafting your disclosure, ensure you include everything you own digitally. An experienced divorce attorney can provide guidance on navigating a divorce that involves cryptocurrencies.]]> On Behalf of Weiner & Weiss, LLC <![CDATA[How inheritance claims impact property division in Florida]]> https://www.weinerweiss.com/?p=46860 2026-06-30T09:26:56Z 2026-06-30T08:07:20Z When an inheritance becomes marital property In Florida, the law treats your inheritance as non-marital property. This means it belongs to you and has protections from property division during a divorce. However, performing these actions can pierce through its separate asset protection:
  • Commingling: You mixed the inheritance with marital property. This can occur when you deposited the cash into a joint bank account that you and your spouse share.
  • Transmutation: You legally added the name of your spouse to the deed or title of a physical asset, such as a house, vehicle and business venture.
  • Using funds to improve a marital asset: You paid for the house’s mortgage or its renovations with the cash from your inheritance.
  • Active appreciation: Your spouse has exerted time and energy to grow your inheritance’s value. This applies to family businesses, and the increase in its value is subject to division.
If you have done any of these, the courts may start with the premise that your inheritance should be divided equally. You must prove that it is strictly non-marital.

What to do to secure your family wealth

Ensuring your inheritance remains yours is possible. You must avoid mixing it with marital property by placing it in an individual bank account under your name. Consider drafting a postnuptial agreement to explicitly define that the inheritance remains your sole property after divorce.

Seek legal advice to further understand your protections

The nuances of Florida law add complexity in securing your inheritance from property division. If you are not sure about the statutes, refrain from acting on your judgment. Instead, seek legal guidance to learn more about your options for maintaining the separate status of your gift.]]> On Behalf of Weiner & Weiss, LLC <![CDATA[Weiner & Weiss, LLC Partner Scott M. Weiss Installed as President of the South Palm Beach County Bar Association]]> https://www.weinerweiss.com/?p=46858 2026-06-29T17:32:27Z 2026-06-29T17:28:55Z On Behalf of Weiner & Weiss, LLC <![CDATA[High-Net-Worth Divorce in Florida: Protecting Complex Assets]]> https://www.weinerweiss.com/?p=46856 2026-06-24T19:35:55Z 2026-06-24T19:33:53Z A high-net-worth divorce often involves far more than dividing a home, bank accounts, and retirement benefits. These cases may include businesses, professional practices, luxury real estate, investment portfolios, trusts, stock options, cryptocurrency, valuable collections, and assets located outside Florida. Because the financial stakes are substantial, careful planning and accurate valuation are essential.

What Is a High-Net-Worth Divorce?

Florida law does not set a specific dollar amount for a high-net-worth divorce. The term generally refers to a divorce involving substantial or financially complex assets, including:
  • Closely held businesses or professional practices
  • Multiple homes or investment properties
  • Significant brokerage and retirement accounts
  • Executive compensation, bonuses, and stock awards
  • Trusts, inheritances, and premarital assets
  • Cryptocurrency and digital assets
  • Artwork, jewelry, vehicles, boats, and collectibles

How Are Assets Divided in Florida?

Florida follows the principle of equitable distribution. Marital assets and liabilities are divided fairly, which does not always mean that every asset is divided equally. The court must first determine which assets are marital and which are nonmarital. Property acquired during the marriage is generally marital, while premarital property, inheritances, and certain gifts may remain nonmarital. However, a nonmarital asset can develop a marital component if marital funds or efforts increased its value.

Business Valuation in a Florida Divorce

A business may be one of the most valuable assets in a high-net-worth divorce. A qualified business-valuation expert may examine:
  • Revenue and profitability
  • Assets and liabilities
  • Owner compensation
  • Cash flow
  • Market conditions
  • Personal and enterprise goodwill
The goal is often to preserve the business while providing the other spouse with an equitable share of its marital value.

Hidden Assets and Financial Investigation

High-asset divorce cases may require a forensic accountant to trace funds and identify undisclosed income or property. Warning signs may include:
  • Transfers to relatives or business associates
  • Personal expenses paid through a business
  • Undisclosed accounts
  • Delayed bonuses or commissions
  • Unreported cryptocurrency
  • Artificial debts or loans
Complete financial disclosure is necessary before either spouse can make an informed settlement decision.

Tax Consequences Matter

Two assets with the same stated value may have very different after-tax values. Retirement accounts, real estate, businesses, and investment assets may each create different tax consequences. A high-net-worth divorce settlement should therefore be evaluated based on its long-term economic effect, not simply the value shown on a financial statement.

Preparing for a High-Net-Worth Divorce

Anyone considering divorce should preserve financial records, including:
  • Tax returns
  • Bank and investment statements
  • Business records
  • Trust documents
  • Real-estate records
  • Stock-option and compensation agreements
  • Retirement statements
  • Prenuptial or postnuptial agreements
Documents must always be obtained lawfully. A spouse should not access password-protected accounts without authorization or attempt to transfer or conceal assets. High-net-worth divorce cases require experienced legal representation, careful financial analysis, and a strategy designed to protect both immediate and long-term interests. Weiner & Weiss, LLC represents clients in complex Florida marital and family law matters involving businesses, real estate, investments, trusts, executive compensation, and other substantial assets. Contact Weiner & Weiss, LLC, Marital and Family Law Attorneys, to schedule a confidential consultation. This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.]]> On Behalf of Weiner & Weiss, LLC <![CDATA[Uncovering Hidden Assets in Divorce: Legal Tools and Red Flags]]> https://www.weinerweiss.com/?p=46417 2025-08-12T00:05:29Z 2025-06-09T04:00:00Z Common Red Flags of Hidden Assets Legal professionals and financial experts are trained to look for signs that one party may be concealing wealth. Key warning signs include:
  • Sudden changes in spending or debt patterns A spouse might begin to claim a significant drop in income or report suspicious debts to reduce the marital estate.
  • Delays or resistance in financial disclosures In Florida, mandatory financial affidavits are required. Evasive behavior can be a red flag.
  • Unusual business expenses or sudden income drops In closely held businesses, funds may be “parked” with vendors or misclassified as business expenses.
  • Transfers to family members, friends, or shell companies If a spouse suddenly gifts large sums or creates new accounts or entities, this may indicate asset shielding.
  • Safe deposit boxes or undisclosed accounts Watch for mail from unfamiliar financial institutions or references to accounts not disclosed in discovery.
 Legal Tools to Discover Concealed Assets Florida law offers robust mechanisms to uncover hidden property:
  • Compulsory Financial Disclosure (Rule 12.285, Fla. Fam. L. R. P.) Parties are required to exchange a comprehensive list of financial documents, including tax returns, bank records, and credit card statements.
  • Discovery Tools: Interrogatories, Requests for Production, and Depositions Tailored discovery can compel parties to disclose asset details or explain suspicious transactions under oath.
  • Forensic Accounting In complex cases, a forensic accountant can trace income, analyze tax returns, and identify discrepancies between lifestyle and reported income.
  • Subpoenas Subpoenas can be issued directly to banks, employers, or brokerage firms to obtain documentation not voluntarily provided.
  • Motion for Contempt or Sanctions If a party fails to comply with discovery or is found to have acted in bad faith, courts can impose sanctions—including awarding a disproportionate share of assets to the honest spouse.
 Final Thoughts If you suspect your spouse is hiding assets, do not attempt to investigate on your own. Instead, speak with a qualified family law attorney who can strategically use legal procedures to protect your rights. Asset concealment undermines fairness in the divorce process—but with experienced legal guidance, the truth can be uncovered. #FloridaFamilyLaw #DivorceAttorney #HiddenAssets #EquitableDistribution #ForensicAccounting #LegalInsights]]>