A prenuptial agreement (most commonly referred to as “prenups” or premarital agreements) is an agreement made between two parties that intend to marry, for the purpose of defining the terms of the marriage and/or to designate or govern certain rights and conditions that would apply if the parties divorce. Can you do away from your rights to spousal support in a prenup?
So, can a prenup protect me from alimony (spousal support)?
Yes. Florida Statute §61.079 states that the parties to a prenup can agree to eliminate spousal support.
However, a Judge has discretion in requiring a party to pay spousal support even if the parties’ prenup provides a provision eliminating spousal support. For example, if a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to be eligible for support under a program of public assistance at the time of separation may require the other party to provide alimony to the extent necessary to avoid that eligibility.
What about temporary support?
Florida Law does not permit temporary alimony or temporary attorneys’ fees and costs to be waived in prenups.
Conclusion
Although Florida Statute §61.079 allows parties to waive/eliminate alimony, the Court will still have the power to have one spouse pay support to the other.
Prenuptial agreements require careful drafting and require an understanding of the law in order to ensure its validity. We strongly recommend that you seek the advice of a competent attorney to further explain your rights and what can and cannot be included in a prenup.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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