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Winter Park Postnuptial Agreement Attorney

Florida Postnuptial Agreement Lawyer Providing Services to Clients in Winter Park

If you got married but did not enter into a prenuptial agreement with your spouse, it is not too late to enter into an agreement through which you and your spouse agree to certain rights and obligations in the event of divorce or death. For example, if you and your spouse want to agree to divide your marital property in a particular way in the event of divorce, you can use a postnuptial agreement to make these plans even if you are already married. Similarly, if you want to ensure that assets are distributed in a particular way in the event of either of your deaths, you can do so in a postnuptial agreement.

When you have questions about how a postnuptial agreement works or how to create one, it is important to speak with a Winter Park postnuptial agreement attorney at The Troum Law Firm, P.A.

What is a Postnuptial Agreement?

A postnuptial agreement is a contract between two married spouses. The Florida Bar explains that a postnuptial agreement is one of two types of nuptial agreements: there are prenuptial agreements and postnuptial agreements. Both types of nuptial agreements concern the rights and obligations of both spouses during the marriage and in the event of divorce or death. However, the difference between them concerns when they are executed. A prenuptial agreement is executed prior to the date of the marriage, while a postnuptial agreement is executed after the date of the marriage.

However, parties should not use a postnuptial agreement as a way of planning for divorce. A postnuptial agreement should be entered into when the parties are not anticipating a divorce or separation.

Elements of Postnuptial Agreements in Winter Park

Postnuptial agreements allow couples in Florida to contract about their rights and obligations within the relationship in the event of a divorce or death, and they also allow couples to come to agreements about rights and obligations within the marriage. The following are examples of things that can go into a postnuptial agreement:

  • Classification of separate or marital property;
  • Distribution of marital property in the event of divorce;
  • Whether alimony will be awarded to one of the spouses in the event of divorce;
  • Amount and duration of alimony;
  • Distribution of retirement assets in the event of death;
  • Agreement about who will pay certain expenses during the marriage; and
  • Agreement about how the parties will file tax returns.

It is important to know that parties cannot contract about issues related to child support or child custody. If a postnuptial agreement contains a clause pertaining to child support—such as a parent waiving a right to seek child support from the other parent or the parents agreeing that only one of them will financially support the child—the court will not uphold that part of the agreement.

Contact a Winter Park Postnuptial Agreement Lawyer

Do you have questions about creating a postnuptial agreement? Do you have concerns about the enforceability of your postnuptial agreement? An experienced Winter Park postnuptial agreement lawyer can assist you. Contact The Troum Law Firm, P.A. to learn more about the services we provide to clients in Winter Park, Florida.

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