What Can (And Can’t) Be Included In A Florida Prenup

In this article, you will discover:

• Whether you should consider a prenuptial agreement in Florida.
• The assets you can protect through a prenuptial agreement.
• Common errors that make a Florida prenuptial agreement unenforceable.

What Is A Prenuptial Agreement, And Who Should Consider Getting One?

A prenuptial agreement is one that the parties enter into before marriage that bypasses Florida statutes. For example, a prenup can specify that certain property will not be subject to equitable distribution, or waive alimony or attorney’s fees. There can even be a provision for death in a prenuptial agreement.

Anyone considering marriage should consult an attorney to determine whether a prenuptial agreement would be advisable in their circumstances.

What Assets And Property Can Be Protected Through A Prenuptial Agreement In Florida?

Any assets and liabilities can be protected through a prenuptial agreement. If you have real property going into the marriage, your spouse may later have a claim for commingling, even if you don’t put their name on the deed during the marriage.

If you have a 401(k), IRA or some other retirement account prior to the marriage, your premarital portion would be set aside in a dissolution of marriage. However, any additional funds that you put into the account and any interest that accrues could be subject to equitable distribution.

Attorney Eve McClurg is a skilled family law attorney based in Fort Myers, Florida, who has helped countless clients just like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in deciding whether a prenuptial agreement is the right choice for you and your future spouse.

Still have questions? Ready to get started? Contact The Law Offices of Eve McClurg, PA, today to schedule an initial consultation.

Can Future Alimony Or Spousal Support Terms Be Decided In A Florida Prenup?

Yes, future alimony can be waived in a prenuptial agreement. However, the Florida statute has an exception. During the proceedings, a party may seek temporary alimony, meaning alimony can be awarded for the duration of the proceedings.

In the State of Florida, you cannot waive that temporary alimony provision. However, after the case is over and the final judgment is entered, there would be no lump-sum, durational, rehabilitative or any other form of alimony if the prenup contains the proper language to waive alimony.

What Common Errors Can Make A Prenuptial Agreement Unenforceable?

A common error that opens the prenuptial agreement to attack is when the marriage is too close to the drafting of the agreement. You want a specific and sufficient time period during which each party can review the documents, make revisions, and seek legal counsel.
Other common errors include:

• Improper translation of the agreement into another language for the protection of one of the parties
• Not making proper disclosures of assets or liabilities
• Lacking specific language or provisions in the agreement that open it to attack

It’s essential to review the case law and keep your prenuptial agreement up to date with current law. To do that, you need an experienced attorney. Otherwise, you can run into enforcement issues.

How Can A Prenup Attorney Ensure My Agreement Holds Up In Court?

Using an attorney to draft your documents instead of an online form is crucial. The reason you don’t want to use DIY form documents is that prenuptial agreement case law and statutory reform changes change each year. If you’re missing one key word, term or sentence from your agreement, the assets you thought were protected could be subject to equitable distribution.

Still Have Questions? Ready To Get Started?

To learn more about Florida prenuptial agreements, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.