Two Decades Of Florida Family Law Experience

What should you include in your prenup?

On Behalf of | Apr 30, 2021 | Divorce

A prenup is worth considering for any couple getting married in Florida. While you might not like thinking about filing for divorce, no marriage is guaranteed to last forever. It’s better to protect yourself from the beginning than file for divorce later and get drawn into an exhausting legal battle. Here’s a few important things you should include in your prenup.

What should you include in your prenuptial agreement?

Many people don’t realize that their retirement funds can be up for grabs during a divorce. To prevent this from happening to you, state in your prenup that all retirement funds are considered separate property and cannot be divided in the event of a divorce. This includes retirement funds that you accumulate during the length of your marriage.

If your future spouse has a lot of debt, you should also state that debts must remain separate. This can prevent the judge from saddling you with a portion of your spouse’s debt after you divorce. Additionally, if your spouse gives you a valuable gift like a car or jewelry, make sure you list this gift as personal property. Gifts between spouses can be divided during the property division process unless specified otherwise in a prenup.

Finally, make sure you define any other properties that you’d like to keep as separate properties. Otherwise, these properties may be considered marital properties and will therefore be up for division.

Should you hire an attorney to help you write a prenup?

An attorney may be a valuable asset during the prenup writing process. Writing a prenup isn’t as simple as it looks, so an attorney may point out potential legal issues or bring up assets that you might not think about. If you’re already married, an attorney may be able to help you write a postnuptial agreement.