If you’re planning to get married, a prenuptial agreement may be the last thing on your mind. However, creating a plan for the unthinkable—divorce—can give you invaluable peace of mind and financial security.
What Exactly is a Prenup?
A prenuptial agreement is a legally binding contract created by two people before they get married. This document lays out predetermined terms for dividing assets, finances, and other marital property in case of divorce or the death of a spouse.
Why You Need a Prenup
Prenups first and foremost protect your financial interests should you split up down the road. Without one, state law dictates who gets what—which may not align with what you and your future spouse feel is fair.
Creating this plan for the worst allows you to avoid draining legal disputes over assets and money. The predetermined roadmap makes the entire divorce process much smoother.
Discussing finances can feel awkward or bring up insecurities. However, hashing out the details in advance enables open conversations about financial priorities and goals for building wealth together.
What Key Things Should You Cover?
Debt Obligations
Who claims responsibility for debts accrued before and during marriage? This includes things like:
Student loans
Credit card balances
Personal loans
Auto loans
Medical debt
Remaining mortgage balances
It’s important to outline exactly which outstanding and future debts will remain separate vs. joint responsibilities in the case of separation. This prevents those burdens from affecting asset division or alimony payments.
Florida Prenup Laws
Florida is an equitable distribution state, meaning that marital assets and debts are divided fairly between spouses in a divorce. However, with a prenup, you can customize terms for property division upon splitting up that override state guidelines.
Florida prenups also allow you to safeguard personal assets you bring into the marriage as exempt from distribution. Some things that can be protected include prior business interests, real estate investments, stock holdings, valuable collections, trusts and inheritances.
A local family lawyer well-versed in Florida law can ensure your prenuptial agreement abides by what judges here typically honor and enforce.
Asset Division
How do you split real estate, savings accounts, retirement investments, business ownership shares, expensive property like art or jewelry, and more?
Alimony
Will spousal support payments be required? If so, how much and for how long?
Inheritances
If one spouse receives an inheritance payout, should that stay separate or be shared?
Retirement Plans
Who gets survivor benefits or partial interest in retirement savings and pensions?
Real Estate Properties
What happens with jointly owned homes? What about rental properties or vacation homes?
Business Ownership
How should ownership shares of businesses be divided?
Child-Related Considerations
Who claims tax benefits? How will child support be handled? What about college savings accounts?
The following is a DRAMATIZATION AND IS NOT AN ACTUAL EVENT: For example, John and Jane are getting married next month. Jane purchased a home two years before meeting John, which she brought significant savings and inherited money into. Her name is on the home title. Through a prenup, Jane decides to retain full ownership of the home in case they split up since she paid for most of it. However, John helped with the mortgage over the last year since moving in. So they agree that in case of divorce, Jane will pay back John’s mortgage contributions.
The Benefits of Working With a Family Law Attorney
Trying to create a DIY prenup often ends poorly. There are many complex legal and financial factors at play. An attorney ensures your document abides by state laws and holds up in court.
A family law attorney can also negotiate terms fairly for both you and your future spouse. They offer impartial insight into how typical prenup clauses have fared for other couples in past divorce cases.
A lawyer also anticipates worst-case scenarios you may not have considered, preparing you for messy situations that could arise down the road.
The Peace a Prenup Can Provide
No one wants to think a carefully planned future could end in divorce. But statistically, around 40-50% of marriages do.
Setting financial expectations aligns you and your fiancé(e) as a united front. This reduces major areas of potential disagreement during an already emotionally turbulent time.
Less to dispute over also frees up mental bandwidth to navigate personal and child-related divorce complexities.
Overall, a prenup opens the door to transparent planning for your future together—come what may.
FAQs
1. Does a prenup signify a lack of trust in your partner?
Not at all! A prenuptial agreement signifies mutual commitment and preparedness. Like preplanning your estate or purchasing life insurance, it gives both individuals security.
2. Aren’t prenups just for the wealthy?
In the past, prenups protected those marrying into money to outline inheritance distribution. But now they are increasingly common at all income levels to thoughtfully map out financial futures.
3. What about fidelity clauses?
You can include faithfulness requirements that provide compensation for one spouse if the other has an affair. But due to changing social norms and enforceability issues, those are less common nowadays.
Contact Our Office to Craft Your Prenup
A prenuptial agreement brings invaluable peace of mind before saying your vows. Don’t enter marriage without a plan for every possibility. Schedule a consultation at our firm today to discuss your unique situation and goals.
