In Florida, When Is a Postnuptial Agreement a Good Idea?

A postnuptial agreement is very similar to a prenuptial agreement except it is made between two legally married parties following their marriage. Sometimes the marriage is coming apart and both parties want to ensure certain assets, properties and debts will stay with a certain person rather than have a judge decide who gets what. This document is often referred to as a separation agreement. Florida is an equitable distribution state not an equal distribution state so the final distributions of debts and assets is often a large area of contention and frequent disappointment when a judge is the one making the final decision. Having a properly executed, signed, witnessed, and notarized postnuptial agreement that will stand up in court can be very helpful and offer peace of mind. Setting or eliminating alimony can also be made part of this agreement as can determination of retirement plans and debt repayment. However, in Florida child support, visitation rights, or custody cannot be part of a postnuptial agreement nor can the right to seek temporary alimony or attorney fees.

Even when a marriage seems to be going well there are times when a postmarital agreement is a good idea. If a spouse becomes terminally ill it is important to make sure insurance benefits and inheritance are rightfully designated. Too, if there are children from a former marriage it is important to see their needs will be taken care of and appropriate property or assets belonging to their biological or adoptive parent will stay with that party’s child. Each situation is unique to the particular couple so it is most important to find an experienced postnuptial agreement lawyer to help.

In most cases a postnuptial agreement will stand up in court but there are times when it will be set aside so it is essential for each party to be sure all the stipulations for a properly prepared and executed document are strictly adhered to. Most divorce attorneys and alimony attorneys are experienced in preparing and presenting postnuptial agreements. They will be able to thoroughly work with each client to ascertain the needs and concerns of the particular case. When the desired outcome of the agreement is set, the chosen attorney will make sure their client has completed a full financial disclosure while being totally truthful. This is one area, if proven there has been untruth, the postnuptial agreement will be invalid. A well written document will be prepared and should be carefully reviewed by each party. Each party should have their own postnuptial agreement lawyer as another reason the agreement can be invalid in court is if one of the parties was not able to have appropriate legal counsel. When all is ready the written agreement must be signed, by each party, witnessed, and notarized.

It is very important to remember that in Florida a properly executed postnuptial agreement, once signed, cannot be changed unless both parties agree. So before signing, consider the possibility that as no one knows the future if issues like alimony or debt repayment are a part of the agreement changes in financial conditions such as winning the lottery or loosing a job will not make a difference in either amounts paid or received, even if it creates a hardship or a distinct unfairness. Using a postnuptial agreement attorney will ensure you have all the information you need to make a wise decision both for the present and the future.