Many couples in Florida approach their wedding day with a sense of anticipation and vigor. While the number of people marrying who have a prenuptial agreement in place is unknown, using one to delineate ordered expectations before, during and at the end of marriage is growing.
The reasons people favor prenuptial agreements vary but are often related to asset protection. Prenuptials may deal with what happens to homes owned separately before marriage and upgraded during marriage. Another area is inheritance. A spouse who expects to come into an inheritance may want to strategize about what will happen to it if the marriage fails.
Maintenance after a divorce also figures prominently into prenuptial agreements. Spousal support is usually given by a moneyed spouse to one who may not have worked outside the home for some time and have less disposable income after divorce. Setting up a system that allows for a spouse who earns less to acclimate to divorce or to live in a manner that approximates the lifestyle they enjoyed while married is considered. Some couples will decide on a maintenance schedule that parallels the length of time the marriage lasted.
While couples where one or both partners have significant assets may be drawn to a prenuptial agreement, individuals in their 20s and 30s may benefit also. Questions as to whether income should be deposited in a mutually shared account or maintained separately are easily decided. In this way, the prenuptial agreement sets the stage for the remainder of the marriage.
Protecting assets spouses may have had prior to marriage may be accomplished through a prenuptial or postnuptial agreement. Obtaining the guidance and insight of an attorney proficient in family law may offer safeguards that the agreements are made properly and will stand the test of scrutiny.
Source: The Huffington Post, “Prenuptial Agreements: The Ultimate Symbol of Love?“, Justine Borer, August 22, 2014
