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What About a Post-Nup Marital Agreement?

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Everyone is familiar with at least the general idea of a pre-nuptial agreement—a contract you enter before your marriage that governs what will happen to certain assets and liabilities if things don’t work out.

But did you know you can still take advantage of those same protections AFTER you say “I do?”

Florida law allows married parties to enter into a post-nuptial agreement—a contract after you’ve been married that has basically the same impact as a pre-nup would. Most people don’t consider this option, either because of taboo or because they simply don’t know it exists. However, a post-nuptial agreement can be a great way to alleviate financial concerns that arise after your wedding day.

For example, a post-nuptial agreement can be very helpful in limiting the fights over finances that so often create conflict in the home. By addressing money issues in a post-nup, you can remove some of the financial uncertainty that may be causing your spouse to worry. A post-nup also allows you to protect assets that you didn’t have coming into the marriage, but have since built or acquired.
While the discussion about a post-nup may be a delicate conversation, it may be one worth having. If you think a post-nuptial agreement would be beneficial in your marriage, you should contact one of the experienced family law attorneys at The Marks Law Firm to discuss the option in more detail.

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Alimony

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Alimony

Alimony is provided for in FL Statute 61.08. There are literally hundreds of Appellate cases in Florida significantly impacting how this Statute is interpreted.

When spouses separate or divorce the financial burden on each spouse can be significant. Interestingly, the status of alimony in Florida is currently in a state of flux. There have been substantial changes to the alimony statutes and the corresponding case law over the past several years, and there is a movement affront in Florida to abolish Permanent Periodic Alimony.

Alimony, or Spousal Support, is the payment made by one spouse to the other. Alimony can be court-ordered or agreed to by the parties, however, not every separated or divorcing spouse is entitled to alimony. We can assess your unique situation and clearly and concisely counsel you as to your legal rights.

There are 6 types of alimony in Florida:

1. Permanent Periodic Alimony
2. Rehabilitative Alimony
3. Durational Alimony
4. Bridge the Gap Alimony
5. Lump Sum Alimony
6. Temporary Alimony

The number one and number two factors in all alimony cases are: 1. Does one spouse have a Financial Ability to pay and 2. Does the other spouse have a financial need to receive Alimony? You must meet both criteria for it to be an alimony case.

In Florida, under FL Statute 61.08, there are a number of additional factors to consider when determining whether alimony is appropriate, including the length of the marriage, standard of living, the health, education and age of the parties, non-marital resources available to the parties and other contributions made to the marriage.

The Marks Law Firm Attorneys in Orlando, FL have over 80 years of combined experience in the Family Law Area. Experienced in Florida Alimony Law – Orlando alimony lawyer.