Protecting Love and Assets: Why Florida Couples Are Choosing Postnuptial Agreements

By: Beth Vogelsang, Esq.

Marriage is a beautiful union between two people who have decided to spend the rest of their lives together. However, as much as we hope for happily ever after, sometimes, things don’t always work out how we expect them to. That’s why many couples in Florida choose to protect their assets by creating postnuptial agreements.

A postnuptial agreement is a legal document that a couple creates after they are already married. It outlines how their assets will be divided if they decide to get a divorce or separate. While similar to a prenuptial agreement, which is created before the marriage, a postnuptial agreement is created during the marriage.

There are several reasons why couples in Florida might choose to create a postnuptial agreement.

• Protecting Assets. One of the most common reasons for creating a postnuptial agreement is to protect assets that each spouse has brought into the marriage. This could include property, investments, or other valuable assets. By creating a postnuptial agreement, each spouse can ensure that his or her separate assets remain theirs in the event of a divorce or separation.
• Clarifying Financial Responsibilities. Another reason to create a postnuptial agreement is to clarify each spouse’s financial responsibilities. This could include outlining how bills will be paid, how joint accounts will be managed, and how much each spouse is responsible for contributing to the household finances. This can help prevent arguments and misunderstandings about money down the line.
• Addressing Infidelity. A postnuptial agreement can also be used to address infidelity. For example, some couples might include a clause that specifies that if one spouse cheats, he or she forfeits certain assets or rights in the event of a divorce.
• Protecting Business Interests. If one or both spouses own a business, a postnuptial agreement can be used to protect those business interests in the event of a divorce. This could include outlining how the business will be divided or whether one spouse will have the right to buy out the other spouse’s share of the business.
• Estate Planning. Finally, a postnuptial agreement can also be used as part of an overall estate plan. For example, a couple might include provisions for how their assets will be distributed to their children or other family members in the event of their death.

In Florida, postnuptial agreements are legal and enforceable as long as they meet certain requirements. For example, the agreement must be in writing, signed by both spouses, and must include affair and accurate disclosure of each spouse’s financial situation. Since spouses have a fiduciary relationship, it is recommended that each spouse have independent legal representation.

Take-Away

While creating a postnuptial agreement may not be the most romantic thing to do, it can provide peace of mind and protect assets in the event of a divorce or separation. If you are considering creating a postnuptial agreement, it is important to work with an experienced attorney who can help ensure that the agreement is legally binding and meets your needs. I may be reached at beth.vogelsang@henlaw.com.