Understanding Prenuptial Agreements in Florida - Aaron Delgado & Associates

Understanding Prenuptial Agreements in Florida

by Aaron Delgado
06/02/22 (Updated: 11/13/22)

If you are thinking about getting married in the state of Florida, it is important for you to understand all the options available to you. You might even be thinking about getting a prenuptial agreement. In the past, a lot of states prohibited the use of prenuptial agreements because they believed that it made it more likely for people to get divorced.

Now, it is obvious that that is not the case, and all 50 states, including Florida, allow the use of prenuptial agreements. It is important for you to understand what they are, why they might be useful, and how to structure them. Do not forget to reach out to an experienced attorney who can help you protect your rights and interests.

What Is a Prenuptial Agreement?

A prenuptial agreement, which is also known as a premarital agreement, is a contract between two people who are getting ready to enter into marriage with one another. A prenuptial agreement is not necessarily triggered unless a couple decides to get a divorce. The goal of this agreement is to make it easier in the event that the marriage does not work out.

For example, this is an agreement that can tackle a wide variety of difficult issues including property division and alimony. Essentially, the couple is agreeing to enter into marriage only under the financial terms and conditions that are specified by the contract.

What Are Some of the Biggest Reasons People Get a Prenuptial Agreement?

There are a variety of reasons why a couple might decide to get a prenuptial agreement. Even though there is a stereotype that this type of agreement is used to help wealthy individuals protect their assets in the event of a divorce, there are plenty of other people who can benefit from a prenuptial agreement as well.

For example, some people have children from a prior marriage or relationship. They may want to protect the inheritance of their future children by ensuring that their children are the beneficiaries of the vast majority of their assets, not necessarily a spouse they might be marrying later in life.

A prenuptial agreement can also be used to protect a business that someone built prior to getting married. The business has its own assets, and the business owner wants to make sure that the assets of the business are protected in the event of a divorce. They may also want to protect their spouse from the debt incurred by the business.

In some situations, there are couples that believe that their financial situations are going to change drastically during the next few years. As a result, they may want to specify which spouse will pay alimony or spousal support in the event of a divorce.

Every couple has a different reason for getting a prenuptial agreement, and it is important for everyone to talk to an attorney who can help him structure the agreement properly.

What Issues Are Covered By a Prenuptial Agreement?

There are numerous issues that might be covered by a prenuptial agreement. As long as the agreement does not violate public policy or the law, the agreement should be enforceable. Typically, the agreement covers the financial rights and obligations of each individual spouse during and after the marriage.

Some of the most common issues that a prenuptial agreement might cover include:

  • They specify the property control of each individual spouse during the marriage. It may also specify how property is divided after the marriage is over.
  • There are certain conditions in the prenuptial agreement that might be triggered by the death of one's spouse or the other, including any assets or inheritance.
  • The agreement may also specify which spouse is responsible for paying alimony or spousal support in the event of a divorce.
  • The prenuptial agreement can also be used to specify what might happen to retirement plans or pensions in the event of a divorce.
  • If there are life insurance policies that might be triggered, the prenuptial agreement can be used to specify what happens to the life insurance policy.
  • In the event that the couple moves, the prenuptial agreement can specify which state’s laws will be used to interpret the agreement.

Ultimately, these are just a few of the many issues that could be covered by a prenuptial agreement. It is important for people to make sure that all of the most important issues are included in the prenuptial agreement. That is one of the biggest reasons why it is important to reach out to an attorney who can assist you.

Child Support and Custody Cannot Be Included

One big area that cannot be included in a prenuptial agreement is anything related to child custody or child support. In the event of a divorce that includes minor children, it is the responsibility of the court system to make sure the best interests of the children are protected. The best interest of the children can change depending on what happens during the divorce, which is why it is impossible to anticipate these issues by including them in a prenuptial agreement.

Typically, child support is calculated based on the financial situations of each individual parent at the time of the divorce. Therefore, because spousal situations can change, child support cannot be specified in a prenuptial agreement. On the other hand, if spouses want to agree on issues related to child support and child custody at the time of the divorce, they can do so at that time. They cannot agree to anything before the divorce takes place. Keep in mind that the children may be fully grown by the time the marriage ends, so these issues may not play a role in the divorce at all.

Contact Aaron Delgado and Associates for Help With a Florida Prenuptial Agreement

Ultimately, these are just a few of the most important points that people need to keep in mind regarding prenuptial agreements in the state of Florida. If you are looking for help with a marriage agreement or a divorce, you need to trust the team from Aaron Delgado and Associates.

We have a tremendous amount of experience working with a wide variety of clients across the state, and our top priority is to make sure that your rights are protected. We understand that the legal system can be confusing, and you probably have a lot on your mind. That is why you should rely on us to lead the way. Contact us today for a case consultation, and reach out to us with any questions or concerns. It would be our pleasure to assist you.

Free Consultation Start Your Case Online