Divorce isn’t just the end of a marriage—it’s the beginning of a new chapter. And how you navigate the process can affect your financial stability, relationship with your children, and emotional well-being for years to come.
At Hoffman, Larin & Agnetti, we’ve guided thousands of Floridians through divorce. Along the way, we’ve seen smart people make costly mistakes that could have been avoided with the correct information and legal support.
Below are the most common divorce pitfalls we see (including a few new ones in light of recent Florida law changes), and how to avoid them.
#1. Letting Others Control Your Divorce
Divorce is personal. Don’t let friends, family—or even your attorney—make the decisions for you. Their intentions may be good, but you are the one who will live with the outcome. Choose a lawyer you trust, one who listens, not just lectures. Take ownership of the process.
#2. Making Off-the-Record Agreements With Your Ex
Handshakes don’t hold up in court, even if things are amicable now. If it’s not in your written settlement agreement, it’s not enforceable. As life changes post-divorce, so do priorities—and promises. Protect yourself and your children by getting everything, including parenting plans, in writing and reviewed by your attorney.
#3. Not Being Fully Honest With Your Attorney
Half-truths, omissions, or sugar-coating can backfire fast. Your attorney can only protect you if they know the whole story. Be upfront, whether it’s hidden debts, a prior infidelity, or a complicated asset. The only surprise in your divorce should be how smoothly it goes with good preparation.
#4. Ignoring Your New Financial Reality
Life after divorce often means maintaining two households on the same income. Budget for your actual lifestyle—not your ideal one. Include everything: extracurriculars, medical expenses, streaming services, pet care (here’s a good article on pets and divorce) . Also, don’t forget debts: under Florida law, both parties may remain liable for marital debts unless the agreement clearly assigns responsibility and creditors are notified.
#5. Hiding or Failing to Disclose Assets
Florida requires full financial disclosure. Attempting to hide assets—intentionally or carelessly—can result in severe penalties, including losing that asset entirely. Courts take honesty seriously. So should you.
#6. Holding Onto the House for the Wrong Reasons
The house may feel like your anchor, but it can become an anchor dragging you down. Before fighting to keep the home, consider the cost of upkeep, taxes, and repairs on a single income. Sometimes, selling is the smarter path to financial independence.
#7. Failing to Update Your Estate Plan
Florida does not automatically revoke a former spouse as beneficiary in all estate planning documents (e.g., life insurance). Update your will, trust, power of attorney, and beneficiary designations (401(k)s, life insurance, etc.) as soon as possible after divorce so that your estate planning reflects your current status and future plans.
#8. Making Decisions to “Punish” Your Ex
Acting out of anger or revenge may feel satisfying in the moment, but it often leads to long-term damage, especially if children are involved. Florida courts are increasingly focused on co-parenting and cooperation. Decisions made in spite rarely work out in court—or in life.
#9. Rushing the Process to “Just Be Done”
We get it: divorce is emotionally exhausting. But rushing can lead to missed assets, unfair custody arrangements, or support terms that don’t serve your future. Take the time to do it right—your future self will thank you.
#1o. Oversharing on Social Media
Florida courts can and do use social media posts in custody and alimony disputes. Venting online may feel cathartic, but it can damage your case. Our rule of thumb? If you wouldn’t want a judge to see it, don’t post it. [Read more in: Getting Divorced? The 7 Golden Rules About Posting On Social Media.]
New for 2024–2025: Florida’s 50/50 Parenting Time Presumption
As of July 2023, Florida law now presumes that equal time-sharing between parents is in the child’s best interest (Florida Statutes § 61.13). This doesn’t mean every case results in 50/50 custody, but it does mean that both parents start on equal footing. That makes presenting a well-reasoned, child-centered parenting plan even more critical if you seek something different. Click here to learn more about the 50/50 Parenting Time Presumption.
Bonus #11. Choosing the First Lawyer You Speak To (Or None at All)
Not all attorneys are created equal. Don’t hire based on a quick Google search or the cheapest price. Interview a few. Ask how long they’ve been practicing family law in Florida. At Hoffman, Larin & Agnetti, we offer free consultations with an attorney, not a salesperson.
You deserve an advocate who listens, explains, and helps you make informed choices—not one who pushes paper.
Need Help Navigating Divorce in South Florida?
With over 40 years of experience and offices in Miami-Dade, Broward, and the Keys, Hoffman, Larin & Agnetti offers compassionate, strategic representation in all aspects of divorce and family law.
Call us today for a free consultation. Let’s talk—really talk—about the future you deserve.
Call us 24/7 at 305-653-5555
Text us at 305-653-1515,
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