Posted by Nydia Streets of Streets Law in Florida Post-nuptial Agreements
Is there a difference between a post-nuptial agreement and a separation/marital settlement agreement in Florida? The answer is yes, and the difference lies in the intent behind each agreement, as well as the intent of the parties with regard to their marriage at the time of executing the agreement. This is illustrated in the case Stephanos v. Stephanos, 4D19-1276 (Fla. 4th DCA June 24, 2020).
The parties were married in 1977. Almost twenty years later, they briefly separated, but reconciled. While they were living together without intention to separate, they entered an agreement for the purpose of protecting the former wife’s family assets. Almost seven years later, the parties separated again, but then reconciled. Finally in 2013, the parties separated for a final time and the former husband petitioned for divorce. The former husband requested that the court recognize the agreement previously entered between the parties. The former wife countered that the agreement was void because the parties’ later reconciliation voided the terms of the agreement. After the trial court sided with the former wife and determined the agreement to be void, a final judgment of divorce was entered and the former husband appealed.
After examining cases relied on by the former wife, the court made a distinction between a post-nuptial agreement and a marital settlement agreement. A marital settlement agreement may be void after parties decide to reconcile if it does not contain a provision that makes the terms of the agreement enforceable despite reconciliation. This rule does not apply to post-nuptial agreements which are entered when parties have no intention of separating or divorcing. A marital settlement or separation agreement is entered when parties are separated or intend to end their marriage. The appellate court held “The record shows that both parties agreed that the 1996 Agreement was executed while the marriage was intact and while the parties were not imminently considering divorce. Thus, the 1996 Agreement was a postnuptial agreement in both form and substance. Because [the case relied on by the former wife] does not apply, the entire 1996 Agreement is enforceable and should be applied in distributing the parties’ assets and liabilities.”
Entering a Florida post-nuptial agreement may save money and time during a divorce. Schedule a consultation with a Miami post-nuptial agreement to determine how this type of contract may benefit you.