Is what we say during the Collaborative process confidential?

Yes, but with an important distinction. Under Fla. Stat. § 61.58, Collaborative law communications are confidential and privileged, and generally may not be used as evidence if the case later proceeds to litigation. This protection is designed to let both spouses speak openly and make settlement offers without fear that those statements will be used against them in court if the process does not succeed. It is important to understand, however, that this privilege protects the communications, not the underlying facts: financial information and documents that would otherwise be discoverable — such as account records, tax returns, or business records — remain discoverable in later litigation and do not become protected simply because they were shared during the Collaborative process. There are also narrow exceptions to the privilege itself, such as communications involving a threat to the health or safety of a party or child.