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A prenuptial agreement is not a divorce agreement

On Behalf of | Oct 22, 2020 | Blog |

Many people associate prenuptial agreements, called premarital agreements in Florida, with divorce. While you and your future spouse can include terms in your contract that address divorce, you can include a number of other things, as well. 

According to the Florida statutes, here is what you can include in a premarital agreement. 

Property rights

You or your spouse may have or plan to have assets, investments, real estate or personal property that the other is not interested in. For example, perhaps you enjoy playing the stock market. This may take up a considerable amount of money, and it may also result in a substantial return. The two of you could agree in your contract that you will not spend joint funds to make your purchases, and any returns will be solely yours. Meanwhile, the rights to the following activities would solely be yours: 

  • Purchase, sell, abandon or dispose of assets 
  • Use, consume or otherwise manage or control assets 
  • Assign or transfer assets 
  • Exchange assets  
  • Mortgage or lease assets  
  • Create security interest in assets 

By identifying the rights and responsibilities of this activity as your own, you are protecting your own financial interests, but you are also protecting your future spouse from any debts you incur. If you did eventually divorce, the investments, income and debt would not be subject to division. 

Personal rights and obligations

The statute explicitly says that you can include any matters you want in your agreement, as long as they are not against the law or public policy. For example, if your future spouse wants to manage the home while you prefer to be the breadwinner, the two of you can agree to that situation. Outlining specific marital roles may help to create balance in the relationship. Your future spouse may also want you to commit to providing financial support in case of divorce, at least temporarily, while he or she becomes self-supporting.