How Will My Premarital Agreement Impact My Divorce?
Did you have a premarital agreement in place with your spouse, and are you currently considering a divorce in Florida? If so, it will be important to understand the effect of your premarital agreement on your divorce case. Assuming that your premarital agreement is enforceable, you will likely have agreed to certain terms concerning the classification and distribution of property, which will govern how certain assets and debts are then classified and distributed in your divorce. At the same time, there are certain issues that cannot be agreed upon in a premarital agreement — namely, a premarital agreement cannot affect a child’s support from either parent.
How will your premarital agreement ultimately impact your divorce? The best way to gain a clear answer to this question is to speak with a divorce lawyer in Tampa about your specific case and the details of your premarital agreement. In the meantime, we can provide you with a general understanding of how premarital agreements shape divorce cases in Florida.
Enforceability of Premarital Agreement
The first issue to consider will be whether your premarital agreement is enforceable. Under Section 61.079 of the Florida Statutes, premarital agreements are not enforceable in certain circumstances that include those in which:
- Either of the parties did not execute the agreement voluntarily;
- Agreement was the product of fraud, duress, coercion, or overreaching; or
- Agreement was unconscionable when it was executed, and before it was executed, the party for whom its terms are unconscionable did not and could not reasonably have adequate knowledge of the other party’s financial circumstances.
If you have reason to believe that your premarital agreement may be unenforceable, it is critical to discuss specifics with a divorce lawyer as soon as possible.
Impact of Premarital Agreements on the Classification and Distribution of Property
If your premarital agreement is likely to be enforceable, then your premarital agreement is most likely to affect the classification and distribution of assets and debts in your divorce case. Most premarital agreements include the parties’ agreement that certain property will be classified either as nonmarital or marital property, or that certain assets or debts will be distributed in a particular way. Premarital agreements do permit parties to agree that certain property acquired during the marriage will remain separate and will not be distributed as part of the divorce case.
Terms of Spousal Support
Florida law also allows parties to agree that spousal support (alimony) can be established, modified, or eliminated altogether. However, under the Florida Statutes, a spouse might, in some situations, be ordered to pay support even if it was modified or eliminated in a premarital agreement if the recipient spouse would otherwise “be eligible for support under a program of public assistance.” In such a case, the court “may require the other party to provide support to the extent necessary to avoid that eligibility.”
Contact a Tampa Divorce Lawyer Today
If you have a valid premarital agreement in place and are currently planning for a divorce, it is extremely important to discuss the impact of your premarital agreement on your divorce with an experienced Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. The effect of your premarital agreement on your divorce will depend on the specific terms to which you and your spouse agreed in the premarital agreement, and whether that premarital agreement is likely to be enforceable in full or in part in your divorce. Contact our firm today to seek assistance with your divorce and to have your questions answered about the impact of your premarital agreement on your forthcoming divorce case.
Source:
flsenate.gov/Laws/Statutes/2012/61.079
