If you’re ready to take the important step of marrying your partner, consider the benefits of a prenuptial agreement. Even if you’re already married, a postnuptial agreement may benefit you. Consider frequently asked questions about these agreements to help you understand the benefits.
FAQ 1: What’s the difference between a prenup and a postnup?
Answer: A prenuptial agreement is entered before or “pre” marriage and a postnuptial agreement is entered after or “post” marriage. Otherwise, they generally are similar in purpose, requirements and format.
FAQ 2: Can alimony be totally waived in a Florida prenup?
Answer: Not totally. Under Florida law, if a waiver of alimony causes a spouse to be eligible for public assistance such as food stamps or other government aid, a court may require the other spouse to pay some alimony even if the contract says no spousal support will be paid.
FAQ 3: Is a prenup enforceable in a void marriage?
Answer: Yes. If your marriage qualifies for annulment or is otherwise void, a court can enforce what was meant to be a premarital agreement to avoid an unjust result. For example, a marriage is void if one spouse was already married to someone else at the time of marriage. This is known as bigamy. The spouse who did not commit bigamy would likely be entitled to enforce a prenuptial agreement against the bigamous spouse to avoid an inequitable result.
FAQ 4: Can I still give property to my spouse in my will if we have a prenup or postnup?
Answer: Yes. Your prenup or postnup can be drafted in a way that does not affect what you wish to leave your spouse in your will or other testamentary documents.
Have more questions before deciding what type of agreement is right for your marriage? Consult with a prenuptial lawyer to go over your options.