Palm Beach Divorce and Family Law Attorney

Palm Beach Divorce and Family Law Attorney

For many Palm Beach families, a divorce is less about dividing a paycheck and more about untangling generational wealth. Trusts, family partnerships, inherited real estate, art and collections, and homes in several states all raise questions about what is marital, what is separate, and what each spouse can rely on after the divorce. The Law Offices of James S. Cunha, P.A. represents Palm Beach residents in divorce, alimony, and prenuptial and postnuptial agreement matters, with discretion at the center of how we work.

Our office is in downtown West Palm Beach, across the Intracoastal from the island and a short drive over the bridge. We meet clients at our office, by video, or at a location that protects their privacy.

Trusts, Inheritances, and Family Wealth

In Florida, assets inherited or received as a gift by one spouse generally remain that spouse’s separate, nonmarital property. In practice, the lines often blur.

  • Commingling. Inherited funds deposited into joint accounts, or used to buy or improve a marital home, can lose their separate character.
  • Appreciation. An increase in the value of a nonmarital asset can become marital if marital funds or either spouse’s efforts contributed to it.
  • Trust interests. A beneficial interest in a family trust is usually not divided, but trust distributions may still matter when a court evaluates income and alimony.
  • Family entities. Interests in family partnerships, LLCs, and closely held companies often require tracing and an independent valuation.

We work with forensic accountants, trust and estate counsel, and valuation professionals to trace assets carefully and present a clear picture of the estate.

Privacy and Discretion

Florida divorce filings are generally public records, although certain sensitive information, such as account numbers, is protected. For clients with public profiles, we look for ways to limit what enters the court file. That can include private mediation, carefully drafted settlement agreements, and using a valid prenuptial agreement to avoid litigating financial details. When a case does need to go to trial, we are prepared to try it.

Multiple Residences and Where to File

Many Palm Beach residents also keep homes in New York, Connecticut, or abroad. At least one spouse must have lived in Florida for six months before filing a Florida divorce. When both spouses have ties to several states, the choice of where to file can affect property division and support, and the first spouse to file sometimes shapes the case. We help clients evaluate their options early.

Divorce Cases in Palm Beach County

The Town of Palm Beach is part of Florida’s 15th Judicial Circuit. Family cases for island residents are generally heard at the main courthouse, 205 North Dixie Highway in West Palm Beach, a few blocks from our office.

We represent clients throughout the Town of Palm Beach, from the North End and Midtown to the Estate Section and the South End.

How We Help Palm Beach Gardens Clients

  • High-asset divorce. We identify, value, and trace marital and separate property across accounts, entities, and jurisdictions.
  • Alimony. We evaluate claims under Florida’s current alimony law, including how trust distributions and investment income are treated.
  • Prenuptial and postnuptial agreements. We draft, review, and challenge agreements.
  • Parenting plans and child support. We build timesharing schedules that fit your family and calculate support under Florida guidelines.
  • Modifications. We seek changes to alimony, child support, or parenting plans after a final judgment.

Discretion for Clients With Public or Professional Profiles

Many Palm Beach clients value privacy. We handle every matter confidentially and pursue negotiated or mediated resolutions when they serve the client, because those outcomes keep financial details out of open court. When a fair result requires trial, we are prepared to try the case.

Frequently Asked Questions.

Is my inheritance safe in a Florida divorce?

An inheritance generally starts as nonmarital property. Whether it stays that way depends on how it was held and used during the marriage.

Will my divorce be public?

The case file is generally public, but much can be resolved privately through mediation and settlement. Certain sensitive information is protected by court rules.

We have homes in Florida and New York. Where should we file?

It depends on residency, where the spouses live now, and how each state’s law would treat your assets. This is worth reviewing before either spouse files.

Will a prenuptial agreement signed in another state hold up in Florida?

Florida courts generally enforce valid agreements made elsewhere, but enforceability depends on how the agreement was negotiated and signed.

Schedule a Confidential Consultation

If you live in Palm Beach and are considering divorce or facing a family law issue, call the Law Offices of James S. Cunha, P.A. at (561) 429-3924 to schedule a confidential consultation. Consultations are by appointment only.