The state of Florida has well-defined rules of how property acquired by a couple during their marriage is handled upon divorce. However, you and your spouse can have a different agreement by executing a postnuptial agreement. This is a contract that is entered into during marriage and covers issues related to marital debts and spousal support allocation.
When the court evaluates the validity of your agreement; they follow the laws of the state specified in the contract. By clearly stating which state’s laws apply to the agreement, you will find it easy if your divorce process occurs in a different state from the one where you had initially signed the agreement. As a knowledgeable Boca Raton family law attorney in Florida, I advise my clients to start with this crucial step.
Assets and Liabilities
A postnuptial agreement allocates ownership of the property and also assigns responsibility for debts. Most liabilities and assets acquired by a couple during marriage are divided as part of the divorce. If you want to keep the property out of the divorce, you should specify the assets that each spouse owns. Hiring a Boca Raton family law attorney who understands how the Florida Family Law works means that you and your spouse can easily agree on issues like mortgage, student loans and credit card debts for a smooth divorce.
A judge may determine support or alimony on the basis of the ability to pay or the spouse’s needs. Setting the support amount in your agreement reduces conflict and uncertainty during divorce.
A court can easily disregard a postnuptial agreement because the married couple has a duty to one another not to act out of self-interest. Full disclosure of marital assets and debts and evidence that the contract was voluntarily agreed upon is of great importance.
If you wish to draft a postnuptial agreement, contact an experienced Boca Raton family law attorney at Orner Law, LLC today!