Law Office of Daniel E. Forrest, P.A.

Till death do us part: Waiving your elective share

A spouse’s “elective share” refers to his or her legal right under state law to choose to receive a specific, fixed share of the other spouse’s estate at death in lieu of receiving what was (or wasn’t) left to the surviving spouse under the deceased spouse’s will. Broadly, the concept of the elective share evolved to protect surviving spouses from disinheritance, which was particularly important historically when almost all wives were homemakers without careers. 

Enforcing prenuptial agreements from other states in Florida

With some exception, when a couple executed a valid prenuptial or premarital agreement in another state and one of them wants to enforce it in Florida, usually in a divorce proceeding or after one of them has died, the agreement will be enforceable. This is a significant principle, given that a spouse may have given up significant property rights in the prenup.

Prenuptial agreements: Should you bring them up to your partner?

It's an age-old question: Should you talk to your soon-to-be spouse about a prenuptial agreement? Does talking to your soon-to-be spouse about a prenuptial agreement make it seem like you don't trust him or her?

What can or can't be in a prenuptial agreement?

If you decide to have a prenuptial agreement drawn up before you get married, you need to understand what can and cannot be included. There are certain things you can't include in a prenuptial agreement, because including those items could hurt you or your to-be spouse in the future. These items may be time sensitive, for instance, so the courts would want to have you make a decision when the time comes, not beforehand.

Prenuptial or cohabitation agreements matter when you split up

Whether you are going to get married or just move in with your partner, it's a good idea to have a contract. You can opt for a prenuptial agreement before you get married or create a cohabitation agreement if you plan to live together as if you are a married couple.

Is a prenuptial agreement going to threaten a marriage?

Many people believe that prenuptial agreements are bad because they make it seem like you don't trust your spouse. The truth is that a prenuptial agreement could make someone feel that way, but that's not what it's intended for. Prenuptial agreements have a place, especially in relationships where one person has more money or greater assets than the other.

What is the purpose of a prenuptial agreement?

One of the things that many people believe would ruin a wedding is a discussion of a prenuptial agreement. It's a common thought that the prenuptial agreement is one that means you don't trust your spouse or that you want to prevent your spouse from accessing your assets.

A post-nuptial agreement can help separate your assets

If you've already gotten married and didn't want to bring up a prenuptial agreement, all is not lost. You can still protect your assets if you decide to go through with a post-nuptial agreement. Things change during marriages, from your finances to your career paths, so protecting your interests isn't necessarily a bad thing. A post-nuptial agreement can affect you and your spouse, so it's important to come up with one that is fair and all-encompassing.

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