Should I Get a Prenup in Florida?
While a Prenuptial Agreement is not required by Florida law, there are good reasons to have a Prenup in Florida. Think of a Prenup as “divorce insurance.” As with other types of insurance, (car insurance, homeowner’s insurance, etc.), in the best-case scenario, you live happily ever after, and you never need to use it. Interestingly though, as a married couple, you’re more likely to get divorced, than you are to have a major car accident or major damage to your home. As more than half of all marriages will end in divorce, Prenups in Florida especially, are becoming more mainstream—given the Florida legislature’s views on alimony.
Why Have a Prenuptial Agreement in Florida?
In the event of divorce, a Prenup Agreement enables you to pre-determine the economic consequences should the marriage end, so that both parties know what to expect and there are fewer surprises. Many people are surprised at how expensive a divorce can be and understandably so. When entering into a marriage, the last thing on your minds is the likelihood that it will end, and what happens if you want to get out of it. A Prenup is not the most romantic thing for sure, but neither is the very real possibility of divorce. And it’s the things that you don’t expect, the divorce surprises, that tend to be the most expensive.
One of the most expensive divorce surprises is alimony in Florida. Florida recognizes several types of alimony and in some situations, the courts have a lot of discretion in determining the amount of alimony in Florida and duration of alimony in Florida, including permanent alimony in Florida. The most significant factor in determining how long you have to pay alimony in Florida is how long you were married, especially for spouses of unequal earning power. The longer you were married, the longer you may be ordered to pay alimony in Florida.
Recent Florida law on alimony creates a rebuttable presumption against permanent alimony in a short-term marriage in Florida (a marriage of 7 years of less); a rebuttable presumption for an award of permanent alimony in a long-term marriage in Florida (a marriage of 17 years or longer); and there is no presumption for or against permanent alimony in a moderate-term marriage in Florida (a marriage of more than 7 years, but less than 17 years). The advantage of having a Prenup in Florida, is that you do not need to rely on the Florida legislature’s presumptions on alimony. Instead, you have the flexibility to fix the terms of alimony and expectations of the parties should the marriage end.
Our website will help you create a free Florida Prenuptial Agreement in minutes. It’s as simple as answering a few questions, and then you can immediately preview a pdf of your legal agreement, and download, e-mail, print and sign.
Simply fill in the form above and select a free trial, to create a preview of your Florida Prenuptial Agreement pdf, and we offer free online samples and templates of other legal forms for every state, including Last Will and Testament and Power of Attorney, which you will want to update when there is a change in your marital status.