Tampa Postnuptial Agreement Lawyer

Many people have heard of prenuptial agreements, which couples sign before walking down the aisle. A postnuptial agreement is similar, though you sign it after saying, “I do.” Call Bubley & Bubley, P.A., if you are interested in a postnuptial agreement but want to learn more about them. Florida law allows these agreements, but you need the services of an experienced lawyer to create a valid agreement. Contact us to speak with a Tampa postnuptial agreement lawyer.

A Close Look at Postnuptial Agreements

A postnuptial agreement allows couples to take control of what will happen to property should they divorce. In Florida, marital property is divided “equitably” based on many factors. However, married couples can decide themselves what happens to property, along with other issues that commonly arise:

• You might divide your marital estate 50/50 or some other percentage. You get to decide.
• You can classify certain assets as “separate” property, which one spouse will take with them after divorce. For example, you might claim all small business assets are the separate property of the spouse who works in the business.
• You can divide marital debts, such as personal loans or credit card bills.
• You can set alimony for a specific amount and/or duration, or one spouse could waive alimony altogether.
• You can decide who will remain in the marital home in the event of divorce.

The agreement is “postnuptial” because you sign it after you get married. Any document signed before marriage is a “prenuptial” agreement. However, these documents address similar issues. You can also use a postnuptial agreement if you have children from a previous marriage and want to protect their inheritance when you die. You might ask your new spouse to waive his or her right to an elective share.

It’s critical to work with an attorney. Although you can decide many legal issues in a postnuptial agreement, you shouldn’t try to waive child support.

Why Do People Create a Postnuptial Agreement?

Many clients like these agreements because they bring clarity and set expectations. The agreement enhances the security each spouse feels in the marriage.

For example, you can clarify:

• What happens to an inheritance one of you received while married.
• Whether a stay-at-home parent will receive alimony in the event of divorce or receive an unequal share of assets. This could create an incentive for one spouse to step away from their career.
• Whether a small business will remain the separate property of the spouse who started the company. This agreement can create an incentive for a spouse to pour time and energy into their business because they know they won’t lose control of it in divorce.

Let’s Get Started—Call Our Tampa Postnuptial Agreement Lawyers!

One common misconception is that a postnuptial agreement will doom a marriage. We have seen the opposite happen. At Bubley & Bubley, P.A., we know how to create an airtight agreement that a judge will uphold in court. Call us to schedule a consultation with our Tampa postnuptial agreement lawyer today.