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Tampa Family Lawyer > Blog > Family > What Can You Put In A Prenuptial Agreement In Florida?

What Can You Put In A Prenuptial Agreement In Florida?


While it may seem unromantic to ask your partner for a prenuptial agreement, it helps to understand that you already have a prenuptial agreement in place. The rules of divorce in Florida dictate how assets are distributed, how alimony is calculated, and what happens to marital debts after the marriage is dissolved. Instead of letting the state decide, you and your spouse can sit down and create a contract that takes all that power out of the state’s hands. So long as the provisions of a prenuptial agreement are enforceable, the state must abide by your wishes. In this article, the Tampa, FL family law attorneys at Faulkner Law Group, PLLC will discuss what you can (and should) put in a prenuptial agreement.

The division of assets and debts 

Florida is considered an equitable distribution state. In other states, assets and debts are divided 50/50 and distributed to the spouses. While Florida may usually divide assets and debts 50/50, it retains the right to divide them unequally. Generally speaking, if one spouse earns considerably more than the other, the spouse with the lower earning power would be awarded more of the marital assets and fewer of the marital debts.

A couple may consider signing a prenuptial agreement to protect their interest in certain assets. For example, if one spouse owns a home, the equity they accrued in the home would be considered their separate property. However, if marital funds were used to pay off the mortgage during the marriage, then the other spouse would be entitled to some of the equity in the home. If one spouse wanted to ensure that they kept 100% of the equity in their home, they would need to place that provision in a prenuptial agreement.

Another popular use of a prenuptial agreement is to separate debts. Any debts accrued during the marriage are considered the liability of the marital estate. However, if one spouse wants to keep a credit card separate from the marital estate, they can establish that in a prenuptial agreement.

Alimony and prenuptial agreements 

In Florida, judges decide the amount and duration of alimony by weighing several factors. However, a prenuptial agreement can also dictate the amount and duration of alimony or whether either spouse is entitled to recover alimony.

That’s right. A prenuptial agreement can prevent either spouse from requesting alimony from the judge. But it can also place a cap on the amount of duration of alimony instead of allowing a judge to make that decision.

Additionally, a prenuptial agreement can include an equalization clause. Instead of paying alimony on a monthly basis, you and your spouse would agree to a lump-sum payment instead of making periodic payments.

Lastly, a prenuptial agreement can limit the sources of income used to calculate alimony. You can exclude certain sources of income when alimony is calculated.

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents attempting to hammer out an alimony agreement. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your prenup right away.

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