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What Can I Place In A Prenuptial Agreement In Florida?


While many believe that prenuptial agreements are only for the rich, they are becoming much more popular in modern marriages. Think of it this way. You already have a prenuptial agreement in place when you get married. It’s Florida’s rules for family law, asset distribution, alimony, and other provisions of divorce. A prenuptial agreement allows the couple to define for themselves what happens to certain assets during a divorce. It gives you more power over the matter than you would otherwise have. In this article, the Orlando family law attorneys at Greater Orlando Family Law will discuss prenuptial agreements and what you can (and cannot) place within them.

Assets, debts, and your prenuptial agreement

In Florida, prenuptial agreements routinely include language concerning the distribution of assets and debts. Florida operates on a rule of equitable distribution. This means that the court may not necessarily divide marital assets 50/50. Instead, they will divide them based on what is equitable to both parties. This means they often favor a lower-earning spouse with a greater share of the marital estate.

As an example of how a prenuptial agreement might work, consider one spouse who owns a home before a marriage but is still paying on the mortgage. During the marriage, marital funds are going to pay off the mortgage. Which spouse owns the home?

Under Florida law, both spouses would have some equity in the home. While the spouse who owned the home has the deed in their name, both spouses contributed to the mortgage. Thus, both spouses have equity in the home. So part of the house may be considered a part of the marital estate while the rest is considered personal property of one spouse. If the spouse wanted to protect their interest in the home and prevent it from becoming marital property, they could do so with a prenuptial agreement.

Alimony and prenuptial agreements in Florida 

Another provision that commonly finds its way into prenuptial agreements is alimony. The Florida courts would determine whether or not an award of alimony is given to one spouse during or after the divorce. However, a prenuptial agreement can include language that dictates whether or not alimony is paid and how it is paid. This includes waving alimony altogether. In other words, a prenuptial agreement can include language that takes alimony off the table for either spouse.

Another way to handle alimony is with an equalization clause. A spouse can agree to take alimony off the table in exchange for a lump sum payment.

Prenuptial agreements can also include caps on both the duration and the amount of alimony or limit the sources of income from which alimony is calculated.

What can’t go in an alimony agreement?

 The courts will not honor any provision in an alimony agreement related to the children. This includes both custody decisions and child support.

Talk to an Orlando Family Law Attorney Today 

Greater Orlando Family Law can help Orlando couples draft a prenuptial agreement that secures both spouses’ interests and saves costs related to disputes down the line. Call our Orlando family lawyers today to schedule an appointment, and learn more about how we can help.

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