Can a Prenuptial Agreement Prevent or Enforce Alimony in Florida?

Recent changes to Florida’s alimony laws have many spouses rethinking their prenuptial agreements. What might have seemed like a good deal at the beginning of your marriage may suddenly seem like a burden. Can your prenuptial agreement in Florida force you to pay permanent alimony – even if the state has ended permanent alimony? What if you are approaching a new marriage? Could a prenuptial agreement prevent you from paying alimony?

Prenuptial Agreements Generally Take Precedence Over State Laws 

The first thing you need to know about prenuptial agreements is that they generally take precedence over state regulations and laws. In other words, your prenuptial agreement will supersede any laws passed by the State – including the recent ban on permanent alimony. If you signed a prenup that enforces permanent alimony after your divorce, the contract is legally binding. The recent ban on permanent alimony will have no effect on your legal obligations.

You might argue that a prenuptial agreement becomes unenforceable if it forces anyone to do anything illegal. Perhaps you will claim that the prenuptial agreement forces you to “break the law” by providing alimony to your ex on a permanent basis. However, providing a cash gift to someone isn’t against the law in Florida. In essence, the prenup does not require you to do anything illegal – it simply forces you to provide payments to your ex.

Should I Create a Prenuptial Agreement that Prevents Alimony? 

Spouses can waive the right to receive alimony payments as part of their prenuptial agreements. These prenups are enforceable, and you can prevent any alimony payments with them. However, spouses may want to think carefully about whether this is truly the best course of action.

It is worth noting that alimony is now very rare in Florida, and your prenuptial agreement may prevent something that wasn’t going to happen anyway. There is now no point in creating a prenuptial agreement that prevents permanent alimony, as this is already banned on a State level. You might also want to re-think other alimony clauses, as short-term marriages usually no longer lead to any alimony whatsoever.

If alimony represents your sole reason for creating a prenuptial agreement, you might want to save your legal fees and avoid this course of action altogether. That being said, there are many other potential reasons to create a prenuptial agreement – and you should discuss these unique goals with your divorce lawyer in Orlando.

Find a Qualified, Experienced Alimony Lawyer in Orlando 

The relationship between prenuptial agreements and alimony can be complex, especially in a State where the spousal support laws have recently changed. To approach this situation with confidence and efficiency, consider booking a consultation with an Orlando alimony lawyer at your earliest convenience. Choose Steve Marsee, P.A., and discuss your unique circumstances in more detail. Whether you want to enforce alimony or prevent these payments, we can help you assess various helpful strategies.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html