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Why the Paradise Coast Trail is Vital to the Bonita

Estero Rail Trail and Why the Bonita Estero Rail Trail

is Vital to the Paradise Coast Trail Protecting Love And Assets:

Why Florida Couples Choose

Nuptial Agreements

by Beth Vogelsang, Esq., Florida Bar Board Certified Marital and Family Law expert
at Henderson, Franklin, Starnes & Holt, P.A.
arriage is a meaningful Clarifying Financial Expectations: A Nuptial Agreement can
partnership between two people define how expenses will be paid during the marriage, how accounts
Mwho intend to build a life will be managed, and each spouse’s financial responsibilities. This
together. While most couples hope their clarity can reduce future disputes and misunderstandings.
relationships last, many couples in Florida Protecting Business Interests: If one or both spouses own a
choose to protect themselves and their business, a Nuptial Agreement can be critical not only to protect the
assets through prenuptial or postnuptial owning spouse, but also to preserve stability for co-owners, whether
agreements (“Nuptial Agreements”). they are family members or unrelated business partners. These
A Nuptial Agreement is a written contract between spouses agreements can address valuation methods, transfer restrictions, and
or prospective spouses that addresses how assets and liabilities buyout provisions to avoid disruption to the business in the event of
will be handled in the event of a divorce or separation. A a divorce.
prenuptial agreement is entered before marriage, while a Coordinating with Estate Planning: Nuptial Agreements
postnuptial agreement is entered into after the parties are already are often used in conjunction with estate planning and, where
married. applicable, business agreements to ensure that assets are distributed
Couples often consider a Nuptial Agreement in connection according to the parties’ intentions, particularly in blended families
with significant life events, such as an upcoming marriage, or second marriages.
a second marriage, the acquisition of substantial assets, In Florida, Nuptial Agreements are legal and enforceable if
inheritances, or changes in financial circumstances. Postnuptial certain requirements are met. The agreement must be in writing
agreements are also frequently used to revisit or modify prior and signed by both parties, and there must be full and fair financial
prenuptial agreements as circumstances evolve. disclosure. Because spouses owe each other a fiduciary duty, courts
Couples enter into Nuptial Agreements for a variety of scrutinize these agreements carefully. Each party should have the
reasons, including: opportunity to consult separate independent legal counsel.
Protecting Separate Assets: One of the most common Takeaway
reasons is to safeguard assets that each spouse brought into the While Nuptial Agreements may not be the most romantic topic
marriage, such as real estate, investments or business interests, of discussion, it is a practical tool that can provide clarity, reduce
as well as assets a spouse may receive during the marriage from conflict, and provide peace of mind for both parties. Thoughtful
an inheritance or gifts from parents or other family members. A planning now can prevent costly and unnecessary disputes later.
properly drafted Nuptial Agreement can ensure that those assets About the Author
remain separate and nonmarital. Beth T. Vogelsang is a Florida Bar Board Certified Marital and
Planning for Support Obligations: A Nuptial Agreement Family Law expert at Henderson, Franklin, Starnes & Holt, P.A.
can also address alimony including the amount, the duration, or With decades of experience, she represents clients in complex and high-
waiver of support. As long as the agreement is properly executed stakes family law matters, including divorce, business valuations,
after full financial disclosure, and the agreement is entitled into alimony, parenting issues, and marital agreements. Recognized
voluntarily, Florida law generally enforces these provisions as consistently by Best Lawyers in America and Florida Super Lawyers, she
written. has been named among the Top 50 Women Attorneys in Florida and to
the Top 100 list statewide.
She may be reached at beth.vogelsang@henlaw.com

Life in Naples | May-June-July 2026 29