While a prenuptial agreement has gained popularity in Florida, the postnuptial agreement may be a viable option for some couples. These agreements offer similar benefits to couples in the events as a prenuptial agreement. However, prenuptial and postnuptial agreements are slightly different.
The Florida Bar Journal states that postnuptial agreements or postmarital agreements can happen whether or not the couple plans to divorce. Separation agreements is the same as a postnuptial agreement, however, it happens when the couple is starting the process of divorce. Since “Florida follows the theory of equitable distribution” following a divorce, a postnuptial agreement can decide on those divisions prior to divorce.
Some use postnuptial agreements to ensure each party in the marriage understands their obligations to the other such as who pays which bills. The agreements can also be helpful should one die before the other to protect their financial assets. The state has not always upheld nuptial agreements but has made huge strides since the 1970 Posner v. Posner case changed the court’s view.
Women’s Health Magazine offers some additional benefits for postnuptial agreements for couples. By laying out how things will happen should the marriage end in divorce, the agreement can resolve many conflicts before they become larger. In some cases, a postnuptial agreement can even save a marriage by setting the expectations for each party in writing.
Some people enter them to protect children from prior marriages or when one spouse has potential legal problems such as drug addiction or embezzlement. Each situation is different and not every relationship needs a postnuptial agreement.