Protecting Love and Assets by Beth T. Vogelsang, Esq.

Why Florida Couples are Choosing Postnuptial Agreements

Marriage is a union between two people who are committed to spend the rest of their lives together. People marry each other hoping for “happily ever after,” but sometimes things don’t work out that way. That is one reason why many couples in Florida choose to protect their assets by entering into postnuptial agreements.

A postnuptial agreement is a legal contract that a married couple creates after they are already married. It outlines how their assets will be divided if they decide to get a divorce or separate. Postnuptial agreements can also address rights in the event of a spouse’s death during the marriage. While similar to a prenuptial agreement, which is created before the marriage, a postnuptial agreement is created  during the marriage.

There are several reasons why couples in Florida might choose to create a postnuptial agreement.

1-Protecting Assets: One of the most common reasons for creating a postnuptial agreement is to protect assets that each spouse has brought into the marriage. This could include real property, investments, retirement accounts, or other valuable assets. By creating a postnuptial agreement, each spouse can ensure that his or her separate assets remain his or hers in the event of a divorce or separation.

2-Clarifying Financial Responsibilities: Another reason to create a postnuptial agreement is to clarify each spouse’s financial responsibilities. This could include outlining how bills will be paid, how joint accounts will be managed, and how much each spouse is responsible for contributing to the household finances. This can help prevent arguments and misunderstandings about money down the line.

3-Addressing Infidelity: A postnuptial agreement can also be used to address infidelity. For example, some couples might include a clause that specifies that if one spouse cheats, he or she forfeits certain assets or rights in the event of a divorce.

4-Protecting Business Interests: If one or both spouses own a business, a postnuptial agreement can be used to protect those business interests in the event of a divorce. This could include outlining how the business will be divided or whether one spouse will have the right to buy out the other spouse’s share of the business.

5-Estate Planning: Finally, a postnuptial agreement can also be used as part of an overall estate plan. For example, a couple might include provisions for how their assets will be distributed to their children or other family members in the event of their death.

In Florida, postnuptial agreements are legal and enforceable as long as they meet certain requirements. For example, the agreement must be in writing, signed by both spouses before two witnesses and a notary. Each spouse must provide the other spouse with a fair disclosure of his and her assets, liabilities and income. Since spouses have a fiduciary relationship, it is recommended that each spouse have separate independent legal representation.

Take-Away

While creating a postnuptial agreement may not be the most romantic thing to do, it can provide peace of mind and protect assets in the event of a divorce or separation. If you are considering creating a postnuptial agreement, it is important to work with an experienced attorney who can help ensure that the agreement is legally binding and meets your needs.

About the Author

Beth T. Vogelsang, Esq.

Beth T. Vogelsang is a highly regarded Florida Bar Board Certified Marital and Family Law specialist and stockholder at Henderson, Franklin, Starnes & Holt, P.A., in Naples. She handles family law matters with confidentiality, compassion, and professionalism. With a diverse clientele, including business owners, professional athletes, and retirees, she expertly navigates divorce cases of all sizes, dealing with complex issues such as business valuations, alimony, parenting rights, and asset identification.

Her extensive experience, coupled with her trial and appellate track record, has earned her recognition as one of the Top 50 Women Lawyers in Florida and Top 100 Lawyers in Florida by the 2023 Florida Super Lawyers magazine. Beth may be reached at beth.vogelsang@henlaw.com.