Getting a divorce is a difficult, time consuming, and stressful process for many Florida couples. The division of assets, in particular, is often a major source of contention. Once you and your spouse have separated, you may need to move out of your home and into a new one. Unfortunately, buying a house before your Florida divorce is finalized can be tricky.
Thankfully, depending on your circumstances, several legal options may be available to you, including signing a postnuptial agreement. An experienced Florida divorce attorney can help you through your divorce, while protecting any of your new investments from your soon-to-be ex-spouse.
In the state of Florida, marital rights provide for an equal 50-50 distribution of assets. Unless otherwise spelled out in a mutual agreement, anything you purchase during your marriage is considered joint property, including anything you purchase during the divorce process. A postnuptial agreement changes this.
A postnuptial agreement is an agreement between spouses that details how they will split assets and debts if they are ever divorced. Since 2008, the number of couples seeking a postnuptial agreement has increased 30%.
A postnuptial agreement is similar to a prenuptial agreement, except you must be married or in a civil union to enter into it. Unlike a prenuptial agreement, both parties must fully disclose their financial affairs before entering into a postnuptial agreement and both parties are required to retain their own legal counsel.
Many Florida couples are now entering into postnuptial agreements to protect themselves and their assets before their marriage gets rocky. Postnuptial agreements are perfect for couples facing addiction problems, gambling issues, and/or infidelity, but who aren’t ready to finalize a divorce. They are also a good option for couples who are in the process of divorcing, but haven’t finalized an agreement.
If you are considering purchasing a property or another home, it is imperative that you protect your assets now. If your soon-to-be ex-spouse is in agreement, they can waive their rights to the new property. Just keep in mind that if you are using marital assets to purchase you new home, it could be considerably more difficult.
If you have questions about prenuptial agreements, postnuptial agreements, divorce, or any other type of family related dispute, the Coral Gables family lawyers at Estevez-Pazos Law Firm, P.A. are here to help. No matter what life throws your way, it is important to understand all of your legal options. We can help you protect your assets and your future during every stage of life. Call us for a complementary consultation at (305) 717-7130, or fill out our confidential contact form and someone will get right back to you.