Fried and Fried, P.AFort Myers Family Law Attorney | Lee County Divorce Lawyer | Timesharing2026-07-17T12:55:21Zhttps://www.friedandfried.com/feed/atom/WordPressOn Behalf of Fried and Fried, P.A.<![CDATA[Hidden assets can disrupt property division]]>https://www.friedandfried.com/?p=506582026-07-17T12:55:21Z2026-07-17T12:55:21ZHidden assets may not seem like a huge deal; however, they can become a significant problem. When a party hides assets, it skews the outcome of the property division process and may affect the fairness of support orders. This could mean that the deceptive spouse walks away with a larger share of the marital estate than they should have.
How would someone hide marital assets?
Hidden assets can take many forms. An individual may move something into separate accounts, delay business income, undervalue property or transfer assets to friends or family members. This can become much more complex in high-asset divorce scenarios when cryptocurrency, business interests, bonuses, deferred compensation and similar financial situations are at issue.
What are the warning signs of hidden assets?
In some cases, there aren’t any noticeable signs that a person is hiding assets. When signs are present, they can include:
Account changes, such as a change in ownership
Unexplained withdrawals
Missing statements
Secretive behavior
Unexplained decreases in known asset values
Financial records can sometimes make it easier to spot hidden assets. This is often the case when bank statements, tax returns and property records don’t align. Because it can be difficult to spot hidden assets, some people who think this is a likely situation may opt to work with a forensic accountant during their divorce.
Having a suitable property division settlement can to shape your financial future for the better. Working with a legal professional who is familiar these matters may help to clarify your options and develop a plan to move forward effectively.]]>On Behalf of Fried and Fried, P.A.<![CDATA[How hidden assets may impact high-asset Florida divorces]]>https://www.friedandfried.com/?p=506572026-06-25T17:37:05Z2026-06-25T17:37:05ZWhat harm do hidden assets cause?
The spouse who is unaware of the true extent of the marital estate may accept a lesser settlement than they actually deserve. Financial misrepresentation during divorce subverts the law and manipulates the outcome in favor of the spouse who lies. People can lose out on hundreds of thousands of dollars in marital income and property in the most egregious cases.
How the courts correct the issue
When information about hidden assets comes to light, possibly due to an investigation conducted by a forensic accountant, spouses can present what they discovered to the courts. If the divorce is still underway, the final property division settlement may ultimately reflect the attempt to manipulate the courts by lying about marital finances.
Most of the time, property division decrees are not subject to modification after a divorce. However, concrete evidence of hidden assets during hidden discovery proceedings can be one of the few scenarios in which the courts agree to revisit and adjust an imbalanced property division settlement.
Reviewing financial disclosures carefully and assessing finances for signs of hidden property with a skilled legal team are important during high-asset divorces. People who believe their spouses may attempt to hide assets to game the divorce process may want to discuss those concerns immediately with an attorney, and that can be a very wise instinct.]]>On Behalf of Fried and Fried, P.A.<![CDATA[4 things to know about protecting retirement assets during divorce]]>https://www.friedandfried.com/?p=506562026-06-17T07:51:24Z2026-06-17T07:51:24ZWatching years of retirement savings become a bargaining chip in your divorce can feel overwhelming. Tax penalties and long-term financial loss can feel like they are hanging over every decision. Retirement accounts are often one of the most fought-over assets in a Florida divorce.
Know the difference between marital and separate property
UnderFlorida Statute § 61.075, a court must separate your nonmarital assets from marital assets before dividing anything. Money you put into a 401(k), IRA or pension during the marriage generally counts as a marital asset. This is true even if only one spouse worked or the account is only in one spouse's name.The balance you had before the marriage may count as separate property. However, you generally have to prove that exact balance with financial statements. Without those records, a judge could treat the entire account as marital property.
Use a QDRO to avoid early withdrawal penalties
Pulling money from a 401(k) or IRA early can trigger taxes and penalties. A Qualified Domestic Relations Order lets a plan administrator divide retirement funds between spouses without those early withdrawal penalties. This court order is generally required before a retirement account can be split.
Consider offsetting with other marital assets
You may not need to split your retirement account at all. Some couples negotiate to keep retirement savings intact by offering equal value in other marital property instead. This approach can work in different ways:
Home equity: You could offer a share of the family home in exchange for keeping your full retirement balance.
Liquid savings: Cash or investment accounts might serve as an alternative trade.
Other property: Vehicles, collections or business interests could also factor into negotiations.
These trade-offs depend on the total value of marital assets and what both spouses are willing to accept.
Protecting what you have built
Florida law requires courts to draw a clear line between marital and nonmarital retirement funds before any division occurs. Proving that line through documentation and proper use of tools like a QDRO can directly affect how much of your savings you keep. These steps matter becauseretirement accounts often represent years of planning for your future. ]]>On Behalf of Fried and Fried, P.A.<![CDATA[Can a Florida child support order help to address college costs?]]>https://www.friedandfried.com/?p=506552026-06-16T21:53:34Z2026-06-16T21:53:34ZChild support ends before college
Some states have adopted child support rules that allow for continued support through the college years. Florida is not one of those states. Child support often ends when a child turns 18 or when they graduate high school. Regardless of a child's academic struggles or ambitions, child support generally does not persist past a young adult’s 19th birthday.
The courts do not extend child support into the college years. Instead, parents may need to reach an agreement with one another for covering college expenses. They can negotiate an arrangement where they each absorb a certain percentage of overall college costs.
One parent might also agree to pay a specific amount annually for as long as a college-bound teenager remains enrolled full-time and meets certain academic standards. Even when conflict levels are high in a divorce, parents actually still want what is best for their children, which may require planning to pay for college.
Working out an arrangement to better ensure that a divorce does not prevent a young adult from going to college can help parents limit the negative impact of a divorce. Those who understand child support rules can approach the matter of funding their children’s college education more effectively.]]>On Behalf of Fried and Fried, P.A.<![CDATA[Summer changes to child custody schedules]]>https://www.friedandfried.com/?p=506542026-06-04T08:36:27Z2026-06-04T08:36:27ZOver the summer months, it may be necessary to make changes to your child custody schedule. In some cases, you may just need to communicate with your coparent about temporary alterations. In other cases, you may need to request an official custody modification from the court.
Why is the summer different than the school year? Much of it just has to do with the children’s schedule. They have far more free time over the summer, but that can change parental obligations and schedules substantially.
Temporary changes
For instance, perhaps your child wants to go to summer camp for two weeks, but you and your coparent typically exchange custody every three to four days. You should not just send your child to camp and violate your ex’s custody rights by failing to make the proper exchange. You need to communicate about these things in advance so everyone knows what to expect.Similarly, you may be interested in taking your children on vacation or using paid time off over the summer. Once again, communication is critical. Do not just take your children with you on the trip and violate the existing custody order.
Childcare changes
Another thing to consider is that childcare can be much different. Even though children get the summer off, parents often still have to work.To get through until the start of the next school year, some parents use babysitters, daycare or send the children to their grandparents. But you and your ex may need to have a conversation about who is legally allowed to watch the children or take responsibility for them. If you both have legal custody rights, for instance, you may have to make joint decisions when it comes to babysitters or daycare.This helps demonstrate how the summer can be complex for coparents and why it is so important for them to understand all of their custody rights.
]]>On Behalf of Fried and Fried, P.A.<![CDATA[Divorcing parents may find collaborative law especially helpful]]>https://www.friedandfried.com/?p=506492026-05-19T15:58:07Z2026-05-19T15:58:07ZA collaborative or cooperative divorce involves spouses making a commitment to work with one another to settle their disagreements. Instead of going to court to litigate, they may attend mediation, negotiate with the support of attorneys and work toward amicable resolutions for all of their outstanding disagreements.
Couples in a variety of circumstances may benefit from collaborating instead of fighting one another during divorce. Parents are among those who benefit the most from a cooperative approach to divorce.
Why cooperation benefits parents
There are two primary positive consequences of working together when divorcing as parents. First and foremost, the cooperative approach to divorce limits the damage that the children may incur because of the divorce.Research consistently shows thathigher conflict levels between parents tend to correlate with the worst social and psychological outcomes for their children. Therefore, the decision to work together and to avoid conflict can minimize the negative impact that the divorce has on children.Additionally, parents can reduce the harm the divorce causes to their relationship with one another. They have to see each other regularly for custody exchanges and communicate frequently about their children indefinitely. They may learn better communication and conflict resolution skills. Working together to negotiate an amicable divorce can create a healthier, more positive dynamic that can have a ripple effect on the entire family.Embracingcollaborative divorce instead of fighting with a spouse may be the best option available for parents on the cusp of divorce. Parents who work together can prevent the decline of their relationship from causing lasting harm for their children.]]>On Behalf of Fried and Fried, P.A.<![CDATA[Do joint business owners have to sell during divorce?]]>https://www.friedandfried.com/?p=506472026-05-05T18:03:47Z2026-05-05T18:03:47ZIf you and your spouse own a business together, then it is a marital asset. For instance, maybe the two of you got married 10 years ago and started a business two years into the marriage. You both left your corporate jobs to run the business together.
This becomes important if you are going through a divorce, as marital assets have to go through property division. Many couples end up selling their business at this time. If you sell the company, then you can split up the financial assets you have acquired.Unfortunately, this also means you lose the business that you have built. So what are some other potential options?
One person becomes the sole owner
Another option is for one of you to purchase the other spouse’s share and become the sole owner of that company moving forward. For example, maybe you are fine with leaving the business, but your spouse wants to keep it. They may allow you to have other marital assets, like the family home or a retirement account, in exchange for allowing them to keep 100% of the business.
Both of you continue working together
Another thing to remember is that, if you are on good terms professionally, you can keep working together even after a divorce. For some couples, this would be too difficult from an emotional perspective, so it is not an option. But other couples have amicably agreed to end their romantic relationship while continuing to work together in a professional setting. You can simply remain co-owners.No matter what you decide to do, it is very important to understand all of your rights during property division to protect the assets that you own.
]]>On Behalf of Fried and Fried, P.A.<![CDATA[What counts as “dissipation of assets” under Florida law?]]>https://www.friedandfried.com/?p=506462026-04-19T21:03:30Z2026-04-19T21:03:30Zof equitable distribution. Courts expect marital assets to be preserved in the lead-up to and during divorce -- not drained, hidden or used as a personal slush fund.
How Florida courts assess claims of asset dissipation
Dissipation doesn’t include normal financial behavior. Courts generally don’t penalize routine household expenses, reasonable childcare or living costs or spending consistent with past marital habits. Making a poor investment also may not rise to the level of dissipation.
Judges look at when the spending occurred, whether it was related to the marriage or purely personal and the intent. Deliberate or reckless choices that harm the marital estate in anticipation of divorce may amount to dissipation. Examples include:
Excessive gambling with joint funds
Gifting or transferring marital assets to third parties
Destroying or neglecting property out of spite
Running up credit card debt on personal luxuries
Remember, the spouse alleging dissipation must usually prove it happened. This means presenting detailed financial records and other relevant evidence. Judges may order adjustments to the division of marital assets to account for the dissipation.
Act fast to protect your interests
If you suspect that your soon-to-be ex is wasting or hiding marital assets, early action is critical. Reaching out for qualified legal guidance can help you take control before the situation escalates and the damage becomes harder to undo.]]>On Behalf of Fried and Fried, P.A.<![CDATA[Should my child have a say in custody during divorce?]]>https://www.friedandfried.com/?p=506452026-04-17T18:40:45Z2026-04-17T18:40:45Z parents divorce, custody decisions can feel like a courtroom question with a deeply personal answer: Where should a child call home — and who gets to help decide? Many people assume custody is strictly an adult matter handled by judges, lawyers and parents. But in real life, children live the outcome every day, and their perspectives can reveal important details about safety, stability, relationships and routines.
This blog explores whether children should have a say in custody determinations, what “having a say” can realistically mean and how family courts often balance a child’s voice with the responsibility to protect them from pressure or conflict. It will review what both professional mental health experts and state law has to say. By the end, you’ll have a clearer understanding of how children’s voices can inform custody decisions while keeping their well-being at the center.
What do the mental health experts say?
Psychology experts note that children have no say in the fact that their parents are getting a divorce so involving them in the custody conversation can provide some benefits. The extent of inclusion should vary with the child’s age and maturity. One of the most important tips, these experts explain, is to evolve the parenting plan as the child grows. What worked when they were toddler may not work when they are in middle or high school.
What does the law say?
Family law matters, like divorce, are creatures of state law. This means the law of the state where you get divorced will guide the answer to this question. In Florida, state law instructs the courts to take the preference of the child into account when it deems the child is able to understand the impact of the situation.
What is best for my family?
At the end of the day each divorce is a unique situation. Take the information from mental health professionals and state law into account. Parenting plans and custody arrangements are generally successful when families review their dynamics and goals and tailor a plan that works for their situation. ]]>On Behalf of Fried and Fried, P.A.<![CDATA[5 ways a high-asset lifestyle can shape a Florida parenting plan]]>https://www.friedandfried.com/?p=506442026-03-30T15:46:21Z2026-03-30T15:46:21ZLuxury lifestyles and Florida law
Florida law requires judges to prioritize the best interests of the child when approving a parenting plan. Wealthy parents must address certain hurdles that court forms may overlook:
Private education and tutors: The plan should state who chooses the school and how to split costs for tutoring or elite extracurricular activities. It must also address rising tuition fees and athletic coaching.
International travel protocols: High-net-worth families often travel globally, requiring rules for passport possession and notification deadlines for private jet itineraries. These rules help avoid emergency court hearings during holiday breaks or summer vacations.
Household staff coordination: Parents must decide how nannies, chefs or drivers will transition between residences to provide the child with a consistent environment. Detailed schedules can ensure that trusted caregivers have a steady presence in the life of the child.
Security and privacy: If a family has a high public profile, the plan may include nondisclosure agreements for staff and privacy rules for social media. This aims to shield the child from public scrutiny and secure the safety of the family.
Right of first refusal: This clause ensures that if a parent travels for business, the other parent gets the chance to care for the child before a sitter is called. It puts parental bonding first over using third-party child care services.
Including these provisions in a plan can help prevent disputes by defining financial obligations and boundaries clearly. In addition, a detailed plan offers a roadmap for co-parenting while protecting the assets and reputation of both parties.
Aiming to protect a child's future
A parenting plan serves as the foundation for the stability of a child's life. Since handling financial complexities during an emotional time can be daunting, seeking legal advice may help divorcing parents create a plan that anticipates conflicts. Also, having legal counsel may help them advocate for their rights as they aim to protect their child's future.]]>