When emotions run high and trust is broken, some Florida divorces require more than legal strategy—they demand evidence. Whether you’re dealing with hidden assets, suspected infidelity, child safety concerns, or contested alimony, hiring a private investigator (PI) can become a critical move in securing a fair outcome. As a seasoned Tampa divorce lawyer, I’ve worked with many clients whose cases turned significantly in their favor because they hired the right investigator at the right time.
In this blog, we’ll examine how private investigators fit into the divorce process in Florida, what types of evidence they can legally collect, and how a Tampa divorce lawyer can integrate this evidence into a comprehensive legal strategy. If you’re considering hiring a PI for your divorce, this is the ultimate guide to making that decision wisely.
Why Hire a Private Investigator in a Tampa Divorce?
Not every divorce case needs a private investigator. But when stakes are high, facts are unclear, and the other party is uncooperative or dishonest, an experienced PI can uncover crucial information that a Tampa divorce lawyer can use to strengthen your case.
Some of the most common reasons clients hire private investigators include:
- Suspected infidelity or marital misconduct
- Hiding income or assets
- Child custody concerns, including drug use or neglect
- Verification of cohabitation for alimony modification
- Background checks on new partners
- Tracking unusual financial transactions
- Obtaining social media evidence that supports legal arguments
Private investigators bring surveillance expertise, technical tools, and legal knowledge that the average spouse doesn’t possess. In the right situation, they can provide the objective proof that tips the scales in your favor.
What Can a Private Investigator Legally Do in Florida?
Private investigators in Florida are licensed and regulated by the Florida Department of Agriculture and Consumer Services. While they have more tools at their disposal than the average person, they are still bound by privacy laws and professional ethics.
Here’s what they can do legally:
- Surveillance: Observing a spouse in public or from legally accessible areas
- Photography/Video: Capturing images in public places or of observable behavior
- GPS Tracking: Only with legal consent or ownership of the vehicle
- Social Media Monitoring: Accessing public posts and activity
- Public Record Searches: Checking court records, financial filings, and more
- Conducting Interviews: Discreetly speaking with neighbors, coworkers, or friends
- Background Checks: Researching criminal history, employment, or litigation history
And here’s what they cannot legally do:
- Hack into emails or phones
- Install spyware or unauthorized GPS trackers
- Access private bank accounts or phone records without consent
- Record audio of conversations without at least one party’s consent (Florida is a two-party consent state)
When you work with a reputable Tampa divorce lawyer, they can connect you with licensed investigators who operate strictly within these legal boundaries to ensure your case isn’t jeopardized by illegally obtained evidence.
When Is It Worth Hiring a Private Investigator?
Hiring a private investigator can be expensive—but the return on that investment can be significant if their findings influence custody, alimony, or asset distribution. Here are several divorce scenarios where a PI can make a real difference:
1. Cohabitation and Alimony Modification
If your former spouse is receiving alimony and you suspect they are living with a new partner, a PI can help collect the evidence needed to terminate or reduce alimony. Florida law allows modification of alimony if the recipient is in a “supportive relationship.”
Surveillance footage, photos of shared vehicles, and even utility records can be used to build a compelling case.
2. Child Custody and Parenting Time Disputes
When custody is contested, the child’s best interest is paramount. A PI can document evidence of neglect, unsafe conditions, substance abuse, or violations of custody orders. This evidence can be crucial when a Tampa divorce lawyer presents your case to the court.
3. Hidden Assets and Financial Fraud
In high-net-worth divorces or when one spouse controls all finances, a PI with forensic investigation skills can uncover hidden income, off-the-books employment, or assets concealed in business entities.
This can change the outcome of property division and support calculations dramatically.
4. Suspected Adultery
While Florida is a no-fault divorce state, adultery can influence alimony and child custody in certain cases. If you believe marital funds were spent on an affair—such as lavish gifts, trips, or housing—a PI can help document these expenditures.
Your Tampa divorce lawyer can then seek reimbursement through a process known as “wasteful dissipation of marital assets.”
5. Due Diligence in Prenup or Postnup Enforcement
If you’re trying to enforce or challenge a prenuptial or postnuptial agreement, a PI can gather evidence that supports claims of fraud, coercion, or non-disclosure—helping your lawyer argue for or against the agreement’s validity.
What Does It Cost to Hire a Private Investigator in Tampa?
Costs vary depending on the complexity of your case and the type of work required. Most Tampa-area investigators charge an hourly rate between $75–$200. Complex cases involving asset tracing, multiple parties, or long-term surveillance can cost several thousand dollars.
Common cost structures include:
- Hourly Billing: Most standard for surveillance or investigative work
- Retainers: You pay a set amount upfront from which hours are billed
- Flat Fees: Occasionally used for background checks or one-time reports
Your Tampa divorce lawyer can help assess whether the potential payoff of a PI’s findings justifies the cost.
How to Choose the Right Private Investigator
Not all private investigators are created equal. Here are essential steps to ensure you hire someone reputable:
- Verify Licensing
Florida requires licensure for all private investigators. You can verify a license online through the Florida Department of Agriculture and Consumer Services. - Ask for Experience in Divorce Cases
Investigating insurance fraud is very different from gathering evidence for child custody or alimony. Make sure they have family law experience. - Get Referrals from Your Attorney
A trusted Tampa divorce lawyer will already have relationships with ethical, effective investigators who know how to handle sensitive family law cases. - Discuss Methods and Boundaries
Ensure the investigator operates legally and ethically. Ask how they plan to gather evidence and ensure their methods won’t compromise your case. - Request Sample Reports
A good investigator will provide organized, court-ready documentation and reports. Ask to see samples of their work product. - Discuss Fees and Contracts
Review the billing structure in detail and get everything in writing. Make sure you understand what’s included and what could cost extra.
The Divorce Lawyer + Private Investigator Combo
A private investigator is most effective when working in tandem with your Tampa divorce lawyer. Here’s how that collaboration typically works:
- Initial Strategy Session: Your lawyer identifies the legal issues that could benefit from investigative support—such as alimony modification or asset discovery.
- Targeted PI Engagement: The lawyer helps define the scope of the investigator’s work and ensures the evidence gathered will be admissible in court.
- Evidence Integration: Once the PI provides findings, your lawyer interprets the results in legal terms and integrates them into pleadings, motions, or settlement negotiations.
- Court Presentation: If your case proceeds to trial, your lawyer may call the investigator to testify or use their reports and photos as key exhibits.
This partnership allows your legal team to use hard evidence to drive strategy and leverage in court or during mediation.
Can I Do My Own Investigating?
It’s tempting to play amateur detective—but be warned: evidence you gather yourself can be dismissed, misused, or worse—get you in legal trouble. Examples of what not to do:
- Don’t install GPS trackers without consent
- Don’t hack into emails or phones
- Don’t record private conversations without permission
- Don’t impersonate others to obtain information
- Don’t access bank accounts without authorization
Even if you gather evidence legally, you may not understand how to document or present it properly. A Tampa divorce lawyer and licensed PI can do the job legally, ethically, and strategically.
Evidence That Makes a Difference
Some examples of impactful evidence provided by private investigators in past Tampa divorces include:
- Video of late-night visits from a romantic partner at a cohabiting ex’s home
- Receipts showing thousands spent on a new partner while still married
- Social media posts contradicting claims made in court (e.g., “I can’t work due to disability” vs. vacation photos skiing in Aspen)
- Photographic proof of alcohol or drug use in the presence of children
- Hidden ownership of a second property discovered through property records and surveillance
This kind of proof, when properly collected and introduced by a Tampa divorce lawyer, can change custody rulings, reduce alimony, or lead to more favorable asset distribution.
Best Practices for Working with a Private Investigator
If you decide to work with a PI during your divorce, follow these best practices:
- Tell the truth: Don’t withhold information. The more your lawyer and PI know, the better they can help.
- Be discreet: Don’t tell your spouse or friends you’ve hired a PI. Let the professional work undetected.
- Keep expectations realistic: Some cases yield gold; others confirm there’s no misconduct. Either way, evidence is valuable.
- Work through your lawyer: Let your Tampa divorce lawyer coordinate the PI’s work to avoid duplicative costs and keep the legal strategy consistent.
- Focus on admissibility: Not all evidence can be used in court. Your lawyer will ensure it’s collected in a legally admissible way.
When NOT to Use a Private Investigator
Although PIs can be helpful, there are cases where hiring one may be unnecessary or even unwise. For example:
- Low-Asset or Uncontested Divorces: If you and your spouse agree on all terms and there are no suspicions, hiring a PI is likely a waste of money.
- Highly Litigious Spouses: If your spouse is already combative and a PI’s involvement will escalate tensions without added benefit, it may not be worth it.
- Known Facts: Don’t hire a PI to prove something you already have documentation of—like a public arrest record or credit card transaction.
Always discuss with your Tampa divorce lawyer whether hiring a PI fits within your overall legal strategy and budget.
FAQ: Hiring Private Investigators for Florida Divorce Cases
Can a private investigator testify in court?
Yes. A licensed PI can testify in family court to verify the evidence they collected. Their testimony is often used to explain surveillance footage or document patterns of behavior.
Is it legal to record my spouse during a conversation?
Florida is a two-party consent state. You cannot legally record a private conversation without the other person’s knowledge or consent unless you are a party to the conversation and the setting is not considered private.
Can a PI help reduce or terminate alimony?
Yes, especially if they gather evidence of cohabitation or a supportive relationship that would justify a modification under Florida law.
How long does an investigation usually take?
It varies. Some surveillance may require only a few hours, while complex asset searches or custody investigations may take several weeks.
Do courts take PI evidence seriously?
Yes—if it is gathered legally and presented properly. Evidence from a licensed, professional PI often carries more weight than unsupported accusations.
How much does a private investigator cost in Tampa?
Expect hourly rates from $75 to $200. Your lawyer can help you determine how many hours might be needed based on your goals.
Can my spouse find out I hired a PI?
If done properly, no. PIs work discreetly and do not make their presence known unless they are called to testify in court.
What’s the most common use of a PI in divorce?
Cohabitation for alimony cases and custody concerns are among the top reasons. Suspected infidelity is also a frequent motivator, particularly when tied to financial waste.
What if my spouse hired a PI on me?
If you suspect your spouse has hired a PI, consult with your Tampa divorce lawyer. If you have nothing to hide and you’re acting within the law, their presence should not affect your case.
Should I hire a PI before filing for divorce?
In some cases, yes. Gathering evidence in advance can help your lawyer craft a stronger initial filing and improve your position from the outset.
If you’re navigating a contentious divorce in Tampa and believe your spouse may be hiding something, don’t rely on guesswork. Hiring a private investigator—guided by the advice of an experienced Tampa divorce lawyer—can give you the evidence, strategy, and peace of mind you need to secure a fair outcome.
The McKinney Law Group: Divorce Representation That Prioritizes Your Tampa Family
At The McKinney Law Group, we help Tampa families get through divorce with dignity. Whether you’re worried about child custody, co-parenting, or financial stability, we’re here to protect your interests and reduce unnecessary stress.
We provide:
✔ Parenting plans and time-sharing agreements that work for both parents
✔ Child support that reflects your child’s needs and your budget
✔ Spousal support guidance based on your unique lifestyle
✔ Fair, efficient division of property and marital debt
✔ A steady hand during times of uncertainty
Let us support your family as you take this next step.
Call 813-428-3400 or email [email protected] to get started.