Tampa Postnuptial Agreement Attorney
A postnuptial agreement, like prenuptial agreement, is a legal contract between spouses that primarily outlines how finances will be divided in the event of a divorce. However, like a prenuptial agreement, a postnuptial agreement can be used for many other purposes. Unlike prenuptial agreements, which must be signed prior to marriage, a married couple can decide to sign a postnuptial agreement at any point during your marriage. If you or your spouse is considering whether a postnuptial agreement could benefit your marriage, it is time to speak with a knowledgeable Tampa postnuptial agreements attorney.
What is a Postnuptial Agreement in Tampa?
Many people know about prenuptial agreements, and postnuptial agreements are similar except for the fact that the spouses will enter into this agreement after the date of marriage. It is important to know that some states do not permit postnuptial agreements or do not have statutory language for these types of agreements, but postnuptial agreements are available in Florida.
A postnuptial agreement is a contract that two spouses enter into after the date of marriage that outlines issues like property ownership, rights to alimony, and related issues. Under the Florida Statutes, a spouse can waive certain spousal rights, such as the right to ownership in particular marital assets. However, in order for a spouse to lawfully waive rights to property, both parties must enter into the agreement with full knowledge of one another’s financial circumstances. Furthermore, neither party can enter into the agreement through any type of fraud or duress. In such circumstances, a court will not enforce a postnuptial agreement. Furthermore, the agreement must be generally fair to the parties. If a court decides that the terms of the agreement are unconscionable, then the court may be able to decide against enforcing the postnuptial agreement in the event of a divorce.
While it is often easier to enter into this type of agreement prior to the date of marriage, you can speak with a postnuptial agreement lawyer in Tampa about a postnuptial agreement and its benefits.
What Can I Include in a Tampa Postnuptial Agreement?
Postnuptial agreements can include, for example:
- Rights to certain assets;
- Ownership of specific debts;
- Waiver of rights to alimony or spousal maintenance;
- Right to use certain property; or
- Classification of specific assets or debts as marital or nonmarital (separate) property.
It is important to know that both premarital and postnuptial agreements cannot include waivers of child support or child support agreements that would reduce the amount of support a child receives.
Times When a Postnuptial Agreement May Become Necessary
Perhaps early in your marriage you and your spouse were on equal footing and just starting to save financially. Now, several months or years into your marriage the situation has changed and you want to ease the tension by having a formal contract between you and your spouse. According to Investopedia, 90 percent of matrimonial lawyers who were surveyed reported that property division was the most common topic addressed in a postnuptial agreement followed by alimony and retirement accounts. There are countless reasons why a postnuptial agreement might make sense in your situation. From debt protection to setting aside assets for your child’s education, postnuptial agreements help families plan for the future and avoid unnecessary pitfalls; postnuptial agreements do not need to be thought of as an impending divorce or foreshadowing marital conflict. A few of the reasons married couples use a postnuptial agreement include:
- One of the spouse is receiving a large inheritance;
- One of the spouses is starting to make a significant income;
- One spouse has an addiction to alcohol or drugs;
- One or both spouses has children from a previous marriage (and you want to set aside money for them in the event you pass away);
- One of the spouses has a gambling addiction or spending problem;
- You or your spouse own a small business;
- Marital misconduct has occurred (you or your spouse cheated on the other);
- There is too much stress and arguing about money in the marriage (arguments about money is the number one predictor of divorce, according to Market Watch);
- One of the spouses has been diagnosed with a mental disorder that could jeopardize the financial stability of the marriage;
- One of the spouses has been diagnosed with a serious or terminal illness or injury and;
- In general, you want to solidify plans for the future for your children, yourself, your retirement, and/or your relationship with your spouse.
Contact The Law Office of Laura A. Olson, P.A. To Start Your Postnuptial Agreement
Whether you have experienced a financial windfall, the thought of a prenuptial agreement felt wrong before marriage but your feelings have changed, or you simply want to ensure that your children from your previous marriage are taken care of in the event you pass away, a postnuptial agreement may be right for you and your spouse. To learn more about what a postnuptial agreement can accomplish, call The Law Office of Laura A. Olson, P.A. today at 813-222-0888 to schedule a free consultation.