Mark Abzug PA

How Florida courts divide cryptocurrency in a high-asset divorce

2026-08-06T16:37:39Z

Cryptocurrency has become an important asset in many high net worth divorces, bringing new challenges to property division. Questions about how to classify and divide digital assets can complicate the process of equitable distribution. Florida courts apply state law to decide whether crypto is marital or separate property and how to divide it fairly.

How Florida courts classify cryptocurrency in divorce cases

Florida courts treat cryptocurrency as property. Cryptocurrency acquired during the marriage is generally presumed to be marital property unless an exception applies. Courts may divide those assets during the divorce. Crypto owned before the marriage may remain separate property if the owner kept it separate from marital assets. Courts review factors such as:

When the cryptocurrency was purchased
How the owner acquired it
Whether marital funds or efforts increased its value
Whether the owner mixed the crypto with marital assets

A spouse's name on a crypto wallet or exchange account does not decide ownership. Courts examine financial records, account details and transaction history. They use this information to decide each spouse's share under Florida law.

Challenges of valuing and dividing cryptocurrency in a high-asset divorce

Digital assets such as cryptocurrency add complexity to high-asset divorce cases. Its value can change in a short time. Owners may also keep crypto in private wallets or on several exchanges. These factors make the assets harder to value and divide. Common challenges include:

Valuing digital assets: Prices can rise or fall within hours. Courts must choose a fair valuation date.
Locating cryptocurrency holdings: Private wallets, exchanges and online platforms can make holdings harder to locate and verify.
Dividing crypto: Courts may divide the coins or offset the value with other marital assets.
Handling taxes: Selling crypto may create tax obligations. Transfers also require accurate wallet information and secure access.

Accurate financial records and careful legal analysis can help facilitate an equitable distribution of cryptocurrency.

Protecting crypto assets in divorce

Cryptocurrency can create challenges in a high-asset divorce. Ownership questions, price changes and tax issues can affect how these digital assets are divided. Reviewing financial records and crypto holdings can help identify marital assets and support a fair division. An experienced Florida divorce attorney can evaluate digital assets, resolve valuation issues and help protect your financial interests during the divorce process.

How Florida courts resolve international custody disputes

2026-08-02T23:06:09Z

International child custody disputes can be emotionally and legally complex. When parents live in different countries or one parent wants to relocate a child overseas, Florida courts must balance state law, federal law and international agreements while keeping the child's best interests at the center of every decision.

What makes an international custody case different?

International custody disputes often involve questions that do not arise in domestic cases. For example:

One parent may have already taken the child to another country.
Parents may disagree about where the child should permanently live.
Different countries may have conflicting custody laws.
Enforcing a court order across international borders can become difficult.

These issues require courts to determine not only what arrangement serves the child best but also which court has legal authority over the case.

How Florida courts determine jurisdiction

Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In many situations, the child's "home state" has authority to decide custody matters. Courts generally examine factors such as:

Where the child has lived during the previous six months
Whether another court has already issued custody orders
Which state or country has the strongest connection to the child

If another country treats custody proceedings in a manner substantially similar to U.S. standards, Florida courts may recognize that country's custody determination.

The role of international treaties

Many international custody disputes involve the Hague Convention on the Civil Aspects of International Child Abduction.

When applicable, the treaty focuses on returning a wrongfully removed or retained child to the child's habitual residence. It does not decide which parent should receive custody. Instead, it seeks to ensure that custody decisions occur in the proper jurisdiction.

Not every country participates in the Hague Convention, however. Cases involving nonmember countries often present additional legal challenges.

Factors judges consider

Once a Florida court has jurisdiction, the judge evaluates the child's best interests. Relevant considerations may include:

Each parent's ability to provide a stable home
The child's emotional and educational needs
The relationship between the child and each parent
Any history of domestic violence or abuse
Whether either parent may refuse to comply with future court orders

When international travel is involved, judges may also evaluate whether there is a significant risk that a parent could refuse to return the child.

Protecting your parental rights

International custody disputes often move quickly. Delays can complicate jurisdictional issues and make recovering a child more difficult if international travel has already occurred.

Keeping detailed records, following existing court orders and seeking legal guidance early can help protect both your rights and your child's well-being.

Every international custody case deserves careful attention

International custody disputes combine family law with complex jurisdictional questions. Understanding how Florida courts approach these cases can help you make informed decisions during a stressful time. Speaking with an experienced Florida family law attorney can help you understand your options and pursue a solution that protects your relationship with your child.

How long do you have to respond to a divorce in Florida?

2026-07-23T18:21:50Z

If you have been served with divorce papers in Florida, you typically need to respond within 20 days. It is often wise to take time to consider your options. You do not have to react instantly, and you can take time to speak with your attorney, gather important documentation that may be used during the divorce, or even have important conversations with your spouse. You may want to discuss whether you are willing to go through a collaborative and amicable divorce, where you work together, for example, or if you are going to have to go through litigation because you disagree on some of the terms. Once you understand the type of divorce case you are likely facing, it can help you prepare for what comes next. But it is important to meet this 20-day deadline, so you do not want to take too long to consider your options. You will need to file all of the correct paperwork so that the case can continue.

Can the divorce happen if you miss the deadline?

Yes. It is also important to note that the divorce can still continue, even if you do not respond to the petition. Once you miss the deadline, your spouse can ask the court for a default divorce judgment. This means you will have less of a chance to influence the case, and your spouse may be granted the terms they requested in the default judgment. If you have recently received a divorce petition and you are trying to look into your next steps, it can be helpful to work with an experienced divorce attorney in Florida.

The length of your commute influences your divorce odds

2026-07-20T16:11:21Z

How far do you have to drive to work every day? If it is more than 45 minutes, some studies have found that your divorce odds go up by 40%. That long commute can actually make divorce much more likely. These studies do find that the increase in divorce odds happens most often when there is a change to someone's commute or work schedule. If a couple has been married for more than five years, even with a long commute, their divorce odds do not really change. But when someone gets a new job that extends their commute, creating a significant change to the couple's lifestyle, that is when the divorce odds tend to go up.

Why does this happen?

There are many potential reasons. A long commute can be stressful, for example, so researchers theorize that someone who has been stuck in traffic for a long time may struggle to get along with their family once they get home. But the biggest issue is simply that the couple is spending more time apart. If someone spends eight hours or more at the office every day, plus an hour and a half on the road, they have less time for their family. This can cause couples to drift apart simply because they do not see each other as often. Plus, for parents, this can cause some level of resentment. One parent may feel that they are home much more often, taking on all of the obligations related to their children, while their partner is generally at work. They do not feel like they are sharing the responsibilities as parents, and this can lead to arguments and disagreements.

Navigating the divorce process

This does not mean that a long commute will always cause a divorce, but simply that it is one issue couples should watch out for. For those who do find that they are moving toward the end of their marriage, it is important to know exactly what legal steps to take while getting divorced.

Could virtual visitation help with custody concerns?

2026-07-16T23:16:32Z

If you get divorced, you certainly may be interested in co-parenting with your former spouse. You’d want to get custody of your children, stay involved in their lives and maintain those relationships even after the divorce. However, depending on your lifestyle, this could become complicated. Maybe you have a busy professional life that often requires you to travel out of the country, or at least out of state. Perhaps you are a member of the Armed Forces, so your future living situation will likely be determined by where you are assigned in the military. In situations like this, it may be helpful to consider virtual visitation to help make up for the times when you cannot physically be with your children.

The benefits of modern technology

Virtual visitation essentially just means using modern technology, such as video chat software, to talk to your children from a distance. It can be helpful to have a set schedule for doing this to ensure that you actually get time to stay in touch with them and have "face-to-face" conversations over a service like Skype or FaceTime when they are residing with their other parent. Balancing the complexities of life with your child custody rights can be challenging during a divorce, so be sure you know exactly what legal options you have and what steps to take to enforce your rights. Seeking legal guidance can help.

Are prenups only for the wealthy?

2026-07-07T07:27:44Z

For many people, the term “prenuptial agreement” brings to mind celebrities, professional athletes and billionaires protecting massive fortunes. This common misconception has made many couples dismiss the idea of a prenup without understanding its purpose. The truth is that prenups can benefit couples from nearly every socio-economic background. Whether you own a home, have student loans or run a small business, a well-drafted prenup can provide clarity and help avoid unnecessary conflict.

Why everyday people are getting prenups

A prenuptial agreement is a written contract that two people sign before getting married. This agreement outlines how certain financial matters will be handled during the marriage and, if necessary, in the event of divorce or death. Many couples entering marriage already have financial responsibilities or assets they want to protect, including:

Real estate: If you already own a home, condo or other real estate, a prenup can help clarify if it will remain separate property.
Student loans or other debt: One spouse may enter the marriage with significant student loan debt, credit card balances or business debt. A prenup can help establish who remains responsible for these obligations.
Family business: Business owners often use prenups to protect ownership interests and reduce the risk that a divorce could disrupt operations.
An expected inheritance: Inheritances are considered separate property under Florida law. But they can become complicated when mixed with marital assets. A prenup offers additional protection.

In addition to protection, prenups also promote financial transparency. Discussing finances encourages honest conversations about income, spending habits, savings goals, retirement planning and financial expectations. One of the biggest misconceptions about prenups is that by asking for one, you are showing that you don’t trust your future spouse. However, many couples find that creating a prenup strengthens communication. Both people are discussing topics they may not have addressed before marriage. If you want to find out more about prenups and clear up other misconceptions, you should speak with someone who can answer your questions, explain your options and help you and your future spouse begin your marriage with a strong foundation.

Understanding your legal custody rights after divorce

2026-06-30T09:12:45Z

When going through a divorce, child custody disputes are common. Parents often want to know exactly what rights they have and how these have been divided, such as the difference between sole custody and joint custody. This certainly does apply to physical custody issues, which help determine which parent takes care of the child and where that child lives. But it is also important to consider legal custody rights.

What does legal custody address?

Legal custody rights focus on the decisions that a parent has to make for their child. Common examples include where the child will go to school, what religion they will be a part of or what type of medical care they are going to get from their pediatrician. Parents with a young child may need to authorize vaccines during the first year of the child's life, for example, and legal custody rights would determine who gets to make that decision.

Can you share legal custody rights?

Yes. In some cases, one parent will have sole legal custody rights, so they could simply approve medical care or enroll the child in school on their own. But in many cases, joint legal custody is used. Parents have to work together and make decisions jointly to avoid violating the other parent's rights. They should always attempt to focus on the child's best interests, and they do this by working together. Naturally, it can sometimes be difficult for parents to make these decisions jointly, particularly if it is a high-conflict divorce. It is very important for them to understand exactly what legal rights they have and what options exist if a dispute should arise.

Gray divorce is common in Florida

2026-06-24T15:09:02Z

When people in their 50s, 60s or 70s get divorced, it is often referred to as a gray divorce. One interesting thing to note about these cases is that gray divorce has become more common in recent years. For those who are 65 and older, the divorce rate has nearly tripled over the last three decades. But even for those who are just over 45, the divorce rate has been climbing. Meanwhile, younger couples under 45 have seen their divorce rate decline over the same timeframe.

What does this mean for your divorce?

Because many people retire and move to Florida, it is very common for older couples to live in the state. This means that gray divorce occurs frequently and can have a major impact on couples' lives moving forward. For one thing, dividing marital assets can be complicated. When a couple has been married for decades, much of what they own may qualify as marital property. They have to divide savings accounts, real estate, tangible assets and much more. Additionally, couples in this age bracket are often at or nearing retirement age. If a couple has been jointly saving for retirement for the last 30 years, it can be difficult to determine how retirement accounts and benefits should be addressed during a divorce. Both people must understand their legal options to protect their ability to retire on their projected timeline, even if their marriage ends.

Addressing divorce complications

Financially, a gray divorce in Florida can be complex. Make sure you know exactly what legal options you have if you are navigating this process.

How AI can help to minimize tense co-parent communications

2026-06-22T20:46:37Z

Co-parenting after a separation or divorce can be challenging, especially when emotions run high. Even routine discussions about school schedules, extracurricular activities or transportation can sometimes escalate into arguments. Fortunately, advances in artificial intelligence are beginning to provide tools that are helping many co-parents to communicate more effectively. One of the biggest potential benefits of informed, AI-assisted communication is that it encourages parents to pause and reconsider their wording before sending a message. In the heat of the moment, a text or email may come across as hostile, accusatory or dismissive even if that was not the sender's intention. AI-powered communication tools can identify potentially problematic language and give users an opportunity to revise their messages before they are delivered.

AI resources can serve as a “tone check” for written communication

Take, for example, the ToneMeter feature available through the co-parenting platform OurFamilyWizard. ToneMeter is often described as a form of "emotional spellcheck." As a parent drafts a message, the software performs a basic sentiment analysis and alerts the user when language may be perceived as concerning, aggressive, upsetting, demeaning or otherwise emotionally charged. The parent can then decide whether to modify the message before sending it. This type of technology can be particularly helpful in high-conflict co-parenting situations, for relatively obvious reasons. Of course, artificial intelligence is not a substitute for good judgment. Parents should not rely on software alone to resolve serious disagreements. Important decisions regarding custody, parenting time and child welfare still require thoughtful discussion and, in some cases, legal guidance. For many co-parents, however, AI-assisted communication tools can be valuable resources when used thoughtfully. They can help to shift conversations away from emotion and toward cooperation, which often benefits everyone involved.

Is there an advantage to being the one to file for divorce?

2026-06-23T08:17:40Z

If you know that your marriage is no longer salvageable, then it is worth considering taking action. Many spouses put off filing for divorce, however, or don’t do anything about it until their spouse files. There are some notable advantages to being the one to initiate the divorce. Let’s look at a few.

You can choose the best time for you

Maybe you believe your business is going to do very well next year, or your boss has told you they intend to give you a promotion and hefty pay rise towards the end of the year. Filing early before those expected asset increases become a reality will reduce the chance your spouse is able to claim some of them in the divorce or that they affect things such as how much child or spousal support you must pay.

Protecting yourself financially

Another reason to file early is if you believe your spouse is likely to try to spend down money from your marital accounts, block your access to funds or try to conceal assets from the court. Filing first will limit their ability to do so, as the list of assets will need to be declared to the court sooner – possibly before they’re ready.

Choosing where the divorce happens

If you start to live apart without actually divorcing, it’s possible that one of you moves to a different area. If you file first, you can choose to have the divorce handled by the county court where you live rather than the court where they now live, making it more convenient for you. Seeking early legal guidance can help you make the first moves to ending your marriage and starting anew on the best possible footing.