Should I have a prenuptial agreement drafted by a West Palm Beach attorney? Why should I spend the money to get a prenup when I love my future spouse and want to be with her forever? Is it worth the tension that it may cause between me and my fiancé? What do Palm Beach probate litigators need to know about prenups? Does marriage affect estate planning in Florida? A July 13, 2016 appeal from the Fourth DCA is a good example of an alimony battle that could have been avoided if a prenup was in existence. Most people know that divorce can financially destroy assets. However, not everyone knows that divorce can also destroy inheritances.
Why does my Florida Probate Litigator Suggest I Get a Prenup?
- Probate lawyers know that a prenup can protect your inheritance from your spouse in the case of death or divorce.
- In a prenup, a person can specify how to divide up the marital property, and inherited assets can also be considered in the award of alimony.
- Divorce lawyers and trust and estates attorneys know that, by fixing the term and amount of alimony in a prenuptial agreement, entangling an inheritance with a divorce can be avoided.
- In the case of death, inherited assets are treated just as any other asset. Therefore, in the absence of a prenuptial agreement, inherited assets are subject to spousal claims just like any other asset.
- Prenups can also limit the rights of survivorship of the spouses.
- What does this mean?
- This means that a prenup can eliminate the 30% spousal share that Florida gives to surviving spouses.
- Ask your Jupiter family law attorney about the other ways that a prenup can help you to preserve money and save you a huge headache!
Sherlock v. Sherlock
- In this Fourth DCA appeal, a husband appeals a final judgement because he believes that he should receive permanent periodical alimony.
- What is permanent periodical alimony in Florida?
- Can a spouse avoid having to pay alimony if there is a prenup?
- Although this is not a probate litigation case, as demonstrated above, family law and probate litigation frequently overlap.
- To read the appeal, click here.