What Are The Most Unexpected, Surprising Reasons To Get A Prenup?

Prenuptial agreements suffer from a number of misconceptions, the most common one likely being that you should only get a prenup if you are extremely wealthy and/or have to protect a large trust or piece of real estate.

However, you might also be surprised to find out that, not only are prenups on the rise amongst everyone, but they have the ability to protect you and very valuable property in important, unique circumstances, as we discuss below.

You May or May Not Like Equitable Distribution

First and foremost, Florida follows what’s known as “equitable distribution.” Note that this is not the same thing as equal distribution. While the law indicates that equitable distribution should seek to be as equal as possible, there are a number of additional factors that judges can take into account in justifying unequal distribution, including the contribution to the marriage by each spouse (including services as a homemaker and child rearing), the economic circumstances of the parties, the duration of the marriage, and others.

A prenup, however, can essentially allow you to dictate the circumstances of property distribution you want to follow, ensuring that the “legal landscape” is essentially the same as before you got married (if that is in accordance with your wishes; with the exception of omitting child support payments, which cannot be avoided). Whether you do or do not like your state’s law, you have the power to essentially dictate what governs your property via drafting your own agreement.

If You and Your Spouse Engaged In Unique Arrangements

Some other unique areas that prenups can address include:

• Student loans: if one spouse contributed to the other spouse’s student loan payments (through marital income, etc.), the paying spouse can arrange to be reimbursed;
• Provisions for your favorite pet(s): It may surprise you to find out that courts are reticent to step in and enforce (separate) pet custody arrangements. Therefore, addressing this in a prenup makes more sense;
• Frozen eggs and/or sperm: If you and your spouse froze eggs or sperm, that should be addressed in the event of divorce, not only to ensure that your ex does not use your “materials” without your consent, but just in case one individual wants to use their own materials (only) to start a family and the facility refuses to allow for that without first obtaining the signatures of both parties;
• Your interest in ensuring that your business is not split up and divided; and
• Any concerns you have about potential earning abilities changing.

Contact Our Florida Family Law Attorneys to Find Out More

When it comes to all areas of life—including marriage—having a plan in place to address important issues where things might go wrong is always wise. Sometimes these agreements can also prevent fights and expensive court battles later on.

If you have any questions about pre- (or post-) nuptial agreements, contact our Orlando family law attorneys at the Arwani Law Firm, PLLC today to find out how we can help.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

marketwatch.com/story/frozen-eggs-student-loans-and-other-unexpected-reasons-to-get-a-prenup-2018-11-01