Orlando Postnuptial Agreement Attorney
Florida is an equitable distribution state, which means assets are split fairly in a divorce. This could mean any percentage, based on each party’s contributions to the marriage. But what if you’re wealthy? Is there anything you can do to protect your assets?
There is something you can get to safeguard your assets in the event of a divorce. When you draft the document before marriage, it is called a prenuptial agreement. When it’s done after you are already married, it is called a postnuptial agreement.
A postnuptial agreement may sound negative, as if you are expecting the marriage to fail. However, the main goal of this document is to provide protection. Contact Orlando postnuptial agreement attorney Steve W. Marsee, P.A. Attorney at Law to get a postnuptial agreement.
Why Get a Postnuptial Agreement?
A postnuptial agreement can be a good idea for several reasons:
- Protecting an inheritance. Inheritances are generally considered separate property, but if the money is used to pay for marital expenses, then it becomes marital property. A postnup can protect it.
- Splitting a business. If either spouse owns a business, it can be hard to split in a divorce. A postnuptial agreement can outline how the business will be split ahead of time so that there are no surprises. For example, many postnups keep the business as separate property with the owner, allowing the other spouse a larger share of the other assets.
- Making provisions for non-working spouses. If one partner quits their job to stay at home and care for children, a postnuptial agreement can help ensure they get the money and assets they need to survive on their own should the marriage end in divorce.
- Salvaging a marriage. A postnuptial agreement can actually save a marriage and make it stronger by putting terms and conditions in place. For example, if a spouse is financially irresponsible or has been caught cheating in the past, the spouses may agree to various conditions in order to keep the marriage intact.
Elements of a Postnuptial Agreement
A valid postnup contains the following elements:
- It must be in writing.
- It must be done voluntarily by both parties
- It requires full disclosure of all assets and debts.
- It cannot be one-sided in nature.
- It must be signed by both parties.
A postnup can address assets and alimony. However, it cannot mention elements such as child custody and child support.
Contact Us Today
Postnuptial agreements can help protect your assets in the event of a divorce. While many people think of them as cold and unromantic, it’s important to remember that marriage is a business transaction. Be sure to look out for yourself.
Orlando postnuptial agreement attorney Steve W. Marsee, P.A. Attorney at Law can draft you a legal document that fits your needs. Whether you want to protect an inheritance or salvage your marriage, we can help. Schedule a consultation today by calling 407-521-7171 or filling out the online form.