Florida Divorce: broad prenup language waives increased non marital assets (September 10, 2015 Florida Supreme Court prenup case)
A September 10, 2015 opinion from the Florida Supreme Court is a must read for all divorce lawyers and family law attorneys Florida and for anyone who writes, interprets or litigates Florida prenuptial agreements, premarital agreements, postnuptial agreements. And, for estate litigation law firms West Palm Beach, you should understand the effect of langauge in a prenup which may waive possible inheritance rights of a Florida widow.
- Does a prenuptial agreement in Florida need a specific provision that earnings will be separate property? No. In this case, broad language waiving rights and claims can work to have a spouse NOT be entitled to earnings of the other.
- If the prenup does not make specific reference to enhancement in value of nonmarital property (attributable to marital labor or funds), is the enhanced value subject to equitable distribution in the face of broad waiver language? No. Broad prenup language can work.
Spouse Waived and Released Rights to Sole Property of Other Spouse
- In this Florida prenup, one spouse waived her rights and claims, and released those rights and claims, to all property solely owned by the other spouse
- The Florida Supreme Court looked at the language of the Palm Beach prenuptial agreement and held that any property the husband owned at the time of the signing of the prenup and any property he acquired in his name after the signing of the premarital agreement Florida, including any increase in value are husband’s non marital assets
- The Palm Beach prenup had broad language waiving rights and claims to the property of the other spouse
- But, when a prenup Florida does not include specific language waiving a spouse’s claim to the other spouse’s earnings, or assets acquired with those earnings, and theenhanced value of the other spouse’s property resulting from the marital labor or funds, does the broad language still waive? Yes. Broad language is enough to waive rights and claims.
- The Florida Supreme Court sided with the Palm Beach appeals court in this divorce case and distinguished it from the Irwin case and the Valdes case in other Florida districts
- So, for you Palm Beach divorce lawyers and family law attorneys, this new case is law and Irwin and Valdes are disapproved
- Where a prenuptial agreement says that neither spouse will ever claim any interest in the other’s property and that each spouse shall be the sole owner of sole property, such provisions in a Palm Beach premarital agreement serve to wavie a spouse’s rights to any share of assets titled in the other spouse’s sole name, EVEN IF those assets were acquired during marriage due to the parties’ marital efforts or appreciated in valuedue to the parties’ marital efforts.
- Want to read this Florida Supreme Court opinion on a Palm Beach premarital agreement or prenuptial agreement? http://www.floridasupremecourt.org/decisions/2015/sc14-277.pdf
Why Do Probate Litigators West Palm Beach Care about Florida Prenups?
- Wow….so , why should Palm Beach probate litigation law firms care?
- Well, because estate litigators are often called upon in Florida probates of a husband or wife to defend a prenuptial agreement or premarital agreement when there is a will attack or an elective share case or an inheritance lawsuit
- Likewise, probate lawyers Florida sometimes defend a widow who wants to have aprenup set aside when the other spouse dies, so you have a claim in the probate or estate. You have to know what rights were given up or not waived. How do you void a prenuptial agreement in a Palm Beach probate? It often happens by filing a petition for declaratory judgment.
- Estate lawyers and Palm Beach probate attorneys know that spouses who survive, thewidow, also should file a statement of claim or a creditor’s claim in the estate to claim any money under the premarital agreement
- To read more about how family law or Florida divorce law can overlap with Florida probate law or estate law in general, click on this link and read about it for free:http://www.pankauskilawfirm.com/When-Worlds-Collide-The-Interlay-Between-FamilyLaw-and-Probate-Administration.pdf