Real Housewives of Miami star Lisa Hochstein turned herself in at Miami-Dade jail on April 15, 2026, facing a third-degree felony charge of interception of communications under Fla. Stat. § 934.03. Prosecutors allege Hochstein and boyfriend Jody Glidden planted a recording device in Dr. Lenny Hochstein's 2023 Mercedes-Maybach GLS 600 during their 2022 divorce, capturing 98 recordings. She was released on $5,000 bond; arraignment is scheduled for April 20, 2026.
Key Facts
| Detail | Information |
|---|---|
| What happened | Felony arrest for illegal wiretapping during divorce |
| When | Lisa surrendered April 15, 2026; Glidden arrested April 12, 2026 |
| Where | Miami-Dade County, Florida |
| Who's affected | Lisa Hochstein, Jody Glidden, Dr. Lenny Hochstein |
| Key statute | Fla. Stat. § 934.03 (interception of communications) |
| Evidence recovered | 98 recordings from device in driver's side floorboard of Mercedes-Maybach |
| Bond | $5,000 (released same day) |
| Arraignment | April 20, 2026 |
Source: CBS Miami
Why This Matters Legally
Florida criminalizes secret recordings of private conversations more aggressively than most states. Under Fla. Stat. § 934.03, it is a third-degree felony to intercept oral communications without the consent of all parties — punishable by up to 5 years in prison and a $5,000 fine. Florida is one of 11 states requiring two-party (all-party) consent, making it one of the strictest recording jurisdictions in the country.
The Hochstein case illustrates a pattern family law attorneys see constantly: a spouse attempts to gather evidence during a contentious divorce by secretly recording the other party. Under Florida law, this backfires catastrophically. Not only are the recordings inadmissible in the divorce proceeding under Fla. Stat. § 934.06, but the recording spouse faces felony prosecution, civil liability under Fla. Stat. § 934.10 (minimum $1,000 damages per violation plus attorney's fees), and severe reputational damage.
The Mercedes-Maybach installation is particularly significant. Prosecutors allege the device captured 98 separate conversations — each recording could theoretically constitute a separate count, exposing defendants to cumulative penalties far exceeding a single felony charge.
How Florida Law Handles Illegal Recording in Divorce
Florida follows a strict two-party consent rule for recording private oral communications. Fla. Stat. § 934.03(1)(a) makes it illegal to intentionally intercept any wire, oral, or electronic communication without consent from all parties. The statute applies to:
- Recording devices placed in vehicles (as alleged in Hochstein)
- Hidden audio recorders in the marital home after separation
- Phone call recordings without both parties' consent
- Spyware installed on a spouse's phone or computer
- Nanny cams with audio recording capability
The 11th Circuit and Florida appellate courts have consistently ruled that an expectation of privacy exists in one's own vehicle, home, and personal spaces — even between spouses during divorce. In McDade v. State, 154 So. 3d 292 (Fla. 2014), the Florida Supreme Court affirmed that recordings obtained in violation of Chapter 934 are categorically inadmissible, and the person who made them can be prosecuted.
Family law judges apply Fla. Stat. § 90.403 to exclude illegally obtained evidence. Beyond exclusion, judges routinely sanction the offending spouse — often awarding attorney's fees to the victim spouse under Fla. Stat. § 61.16 and factoring the misconduct into equitable distribution decisions under Fla. Stat. § 61.075.
Practical Takeaways for Florida Divorcing Spouses
If you are going through a Florida divorce and tempted to gather evidence through recording:
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Never record your spouse in private settings without consent — this includes the marital home, vehicles, phone calls, and any space where a reasonable expectation of privacy exists. Violations are third-degree felonies under Fla. Stat. § 934.03.
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Do not install tracking or recording devices on your spouse's property. Vehicles, phones, laptops, and personal belongings are off-limits, even if marital assets. Florida courts treat this as both a criminal act and a discovery violation.
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Discontinue any existing recording immediately. If you have already made illegal recordings, consult a criminal defense attorney before your divorce lawyer — the recordings themselves may constitute evidence against you.
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Use lawful evidence-gathering methods instead. Subpoenas, depositions, formal discovery requests, and licensed private investigators operating within the law can obtain admissible evidence.
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Understand that two-party consent applies even to your own conversations. Recording a phone call with your spouse — even one you are participating in — requires their consent in Florida.
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Public recordings may be permissible. Video or audio captured in public places (restaurants, parks, sidewalks) where no reasonable privacy expectation exists generally falls outside Fla. Stat. § 934.03.
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Preserve communications that come to you legally. Text messages sent to you, emails in joint accounts, and voicemails left for you are lawfully in your possession and admissible.
Frequently Asked Questions
Is it illegal to record my spouse in Florida during a divorce?
Yes. Florida is a two-party consent state under Fla. Stat. § 934.03, making it a third-degree felony to record private oral communications without consent from all parties. Violators face up to 5 years in prison, a $5,000 fine, and civil damages of at least $1,000 per recording.
What happens to illegal recordings in a Florida divorce case?
Illegal recordings are inadmissible in Florida divorce proceedings under Fla. Stat. § 934.06. Judges typically exclude the evidence, sanction the recording spouse, and may award attorney's fees to the victim under Fla. Stat. § 61.16. The spouse who recorded also faces separate criminal prosecution.
Can I record my spouse in our own home during a Florida divorce?
No. Florida's two-party consent rule applies in the marital home, even between spouses. Under Fla. Stat. § 934.03, any private oral communication requires consent from all parties regardless of property ownership. Violations remain third-degree felonies carrying up to 5 years imprisonment.
Are nanny cams with audio legal in Florida?
Video-only nanny cams are generally legal in Florida, but audio recording features violate Fla. Stat. § 934.03 if used to capture private conversations without consent. Parents should disable audio functions or obtain written consent from anyone whose voice might be recorded, including co-parents during custody exchanges.
What should I do if I suspect my spouse is recording me?
Immediately consult a Florida family law attorney and document your suspicions. Under Fla. Stat. § 934.10, victims can recover minimum damages of $1,000 per violation plus attorney's fees. You can also report the conduct to law enforcement for potential felony prosecution under Fla. Stat. § 934.03.
Get Florida Divorce Guidance
If you are navigating a contentious Florida divorce and have questions about evidence, discovery, or digital privacy, speaking with an experienced Florida family law attorney early can prevent serious legal missteps. Our directory connects you with exclusive member attorneys in every Florida county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.