The More You Know: Florida Prenup Edition

7107328235 • December 26, 2024

Florida can be...quirky. 


Florida is unique in its landscapes and culture among all the States, and Florida law has just as many nuances and dynamics, including updates to Florida family law that impact the drafting of any  valid, enforceable  Florida prenuptial agreement.

Did you know that Florida is one of the few states that does not recognize separation?


In Florida, you're either married or filed for divorce. There is no "in between."


If your prenup doesn't articulate that reality clearly, you may be in for a surprise: your soon-to-be ex-spouse's debts.


If your prenup is from a prenup-in-a-can template factory, your resulting document may not actually provide the protections you need. Your assets are worth more than a one-size-fits-all methodology. 

Did you know that in Florida, equal timesharing (i.e., child custody), is presumptive?


While Florida prenups cannot touch issues involving children such as support and custody arrangement, a Florida prenup may consider what types of alimony a divorced parent may need given the income projections for each parent, the number of non-emancipated children, special needs for any child, and the child's or children's ages.


When 50-50 timesharing is presumed, the resulting dollar number for monthly child support may cause financial strain for the parent who earns less.


If your prenup is a prefabricated product, such as a basic fill-in-the-blank template, it may not address recent updates in Florida family law that changed the timesharing presumption, which in turn changed the amount of child support that is required, which in turn can impact the amount of alimony a single parent may need.

Basic boilerplate contracts probably won't help your most vulnerable self in the future.

That's why JustPrenups offers a series of customized alimony provisions that anticipate exactly this type of hurdle for a single parent. We help you to visualize those "what-ifs" and to arrive at a solution that feels appropriate for both partners.

Did you know that in Florida, your business can be treated like a person and therefore named as a party in your divorce?


In terms of practical outcomes, your business is essentially deemed "guilty until proven innocent" of wrongdoing under a bizarre holding in Zold v. Zold.


A Florida prenup needs to work around the technicalities of both Florida statutory law (and its updates) and Florida case law.


If you are a Florida business owner, you cannot afford to leave your business - which is your income-producing vehicle and your legacy  - and your business assets to chance in divorce court.


Plan now through a prenup for many business-related possibilities, including good ones! While JustPrenups can assist with proactively visualizing and preparing for the worst-case scenarios, we can also help with anticipating wonderful developments as your married life progresses: one of you may start a business,  or you may jointly launch a business venture together so that you are entrepreneurial partners as well.


Build that app together, or think about quitting the 9-to-5 life,  but let us help you first to create ground rules for these endeavors that will protect your finances and your assets as well as promote marriage longevity.

Did you know that in Florida, the richer spouse pays the poorer spouse's attorney fees for any divorce or child support/timesharing litigation?


Why should your hard-won assets be left at risk when your Florida prenup can anticipate such potential scenarios and draft accordingly for them?


Your prenup should consider the basics of what a divorce entails and build protects for each step. At JustPrenups, we consider that the most basic aspects of divorce might cause you (and your wallet) heartache: that's why we provide provisions even for something as apparently innocuous as mandatory disclosure under Rule 12.285.


Your prenup has one job: to look after you as thoroughly as possible through each aspect of a Florida divorce under the current, updated law. Either your prenup assists with such "heavy lifting," or you are paying a divorce lawyer to do the heavy lifting.

Did you know that in Florida, temporary alimony cannot be waived by prenup?


That's the law in Florida right now, thanks to an update in 2023.


You may not waive temporary alimony in your prenup even if you and your spouse intentionally, knowingly agree to waive all types of available alimony.


Simply stating your mutually agreed-upon waiver is not enough to meet the standard articulated in the recent update.


If you want a valid, enforceable prenup, your prenup must observe current Florida law.


JustPrenups has drafted creative temporary alimony solutions that are still in alignment with our couples' values, intentions, post-divorce financial goals, and worst-case scenario budgets. 


You're never at the mercy of traffic with our online meetings. Once you retain, we can meet with you easily, regardless of whether you're traveling, swamped at work, or at home with your children.


Click the blue button below (<Request Consultation>), and complete the questionnaire to initiate a free consultation.


Warning: Hello, do you need a prenup? Our pros are here to help, but please note that all posts on this website contain general information about legal matters for broad educational purposes only. This information is not legal advice and should not be treated as such for your individual needs. This blog post does not create any attorney-client or mediator-client relationship between the reader and JustPrenups.com.


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