Including Alimony In A Pre Or Postnuptial Agreement
Pre- and post-nuptial agreements in Fort Lauderdale help to protect your rights in the event of divorce. They address expectations during the marriage, disclose the total amount of assets each party possesses, and specify how marital property will be divided in the event of a divorce. These documents should also include provisions for spousal support or alimony payments. Our Fort Lauderdale alimony lawyer explains more about why this is important.
Provisions For Alimony Payments In Prenuptial Agreements
Prenuptial agreements get a bad rap. People sometimes think they indicate doubt about the relationship or increase the likelihood of divorce. In fact, the opposite is true. According to Business Insider, financial matters are one of the things couples argue about the most, and money problems are commonly cited in divorce proceedings. A prenuptial agreement can actually help strengthen your marriage:
- Encourages open, honest communications about money;
- Discloses all assets, and debts, allowing for greater transparency between the couple;
- Clarifies the type of lifestyle the couple will live and their goals for the future;
- Identifies where potential problems concerning money may arise.
Of course, a prenuptial agreement can protect you in case of divorce. If your spouse makes significantly more than you, or if you intend to work fewer hours in support of them or any children from the marriage, provisions for spousal support should be included in your prenup.
Spousal Support In A Postnuptial Agreement
Under the Florida Statutes, a prenuptial agreement is a legal document you enter prior to your marriage, which goes into effect once you say, “I do.” As the name implies, a postnuptial agreement is entered into once you are already married. However, it serves the same types of goals. In addition to providing full disclosure of all assets and debts and encouraging honest communication, it does dictate the terms of any future divorce.
There are a number of reasons a couple may want to put a postnuptial agreement in effect. Among the most common include:
- One or both spouses started a business;
- One or both received an inheritance or had other significant changes in financial circumstances;
- There are problems in the marriage, including allegations of marital misconduct, such as adultery;
- The couple previously considered divorce and decided on reconciliation instead.
Including provisions for spousal support protects your rights in these situations, particularly when marital misconduct is involved. Your spouse’s actions could entitle you to a greater amount in a divorce settlement. However, once you reconcile, prior bad acts are no longer relevant. A postnup also protects you against sudden downturns in financial status due to spousal misconduct.
Request A Consultation With Our Fort Lauderdale Family Lawyer
Pre and post-nuptial agreements protect your rights. Wondering whether you should put one in place? Reach out to the law offices of Vanessa L. Prieto. We can guide you in options and advise you on important matters provisions, including spousal support. Call or contact our office online and request a consultation with our Fort Lauderdale family lawyer today.
Sources:
businessinsider.com/divorce-money-issues-financial-relationship-couple-2019-7
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
