Asset Protection

How Does Divorce Affect Asset Protection Planning?

Tenants by entireties and retirement accounts are popular and effective asset classes that are exempt from creditors under Florida law. In both cases, married individuals have an interest in each other’s assets, either as co-owners or as a beneficiary. The termination of the marriage can affect the protection that these…

Can a Car Owner Be Sued for Another Driver’s Accident?

In Florida, the owner of a vehicle can be held liable for a car accident caused by someone else driving their car. However, the liability is limited to $100,000 per person for bodily injury, but up to $600,000 if the driver is insured for less than $500,000. The legal basis…

How to Protect Assets Against Federal Agencies Like the FTC and SEC

Federal agencies such as the Federal Trade Commission and Securities and Exchange Commission often pursue individuals for violations of consumer and investor protection laws. The FTC frequently enforces laws regulating telephone or email marketing, and the SEC enforces rules concerning money solicitation for investment.  Federal agency statutes give the enforcement…

Can a Judgement Against You Affect Your Spouse in Florida?

Florida is a “separate liability state” and a “separate property state.” Separate liability means that each spouse may contract individually with a creditor and incur separate debts, or both spouses may jointly execute a debt contract to pay debts such as a mortgage loan or credit card. One spouse is…