Top 10 Questions to Address in a Prenup

For many Florida couples, a prenuptial agreement is a tool to ensure that both parties enter a marriage with clear expectations. Prenups are particularly helpful when there are significant assets, children from a previous relationship, or substantial debts. A Port St. Lucie family law attorney can guide you through common prenup questions.

What Are Our Financial Goals as a Couple?

Discussing financial goals is crucial for any marriage. A prenup can include provisions for how income will be shared, how expenses will be managed, and how savings goals will be met.

What Assets Do We Each Bring Into the Marriage?

Document the assets each partner brings into the marriage, such as real estate, bank accounts, investments, and personal property. A prenup can specify which assets will remain separate and which will be considered marital property.

How Will Debts Be Handled?

Just as assets are important, so are debts. If one partner has significant student loans, credit card debt, or other liabilities, the prenup can outline how these will be managed during the marriage and who will be responsible for them in the event of a divorce.

Will There Be Provisions for Alimony?

Alimony, or spousal support, is an area of dispute in divorces. A prenup can specify whether one partner will be entitled to alimony and, if so, how much and for how long. This portion of the agreement cannot be guaranteed and is subject to the changing laws.

How Will We Handle Business Interests?

If one or both partners own a business, it’s important to put protections in place. A prenup can outline what will happen to the business in the event of a divorce, including how it will be valued and whether the other partner will have any claim to it.

What Happens to Inheritances and Gifts?

Inheritances and gifts received during the marriage can be tricky to navigate. A prenup can specify that these assets will remain separate property.

Do We Want to Include Provisions for Children from Previous Relationships?

If either partner has children from a previous relationship, the prenup can address how their financial needs will be met and what inheritance they will receive. This helps protect the interests of both the new spouse and the children.

How Will We Divide Marital Property?

Marital property, or assets acquired during the marriage, is typically divided in a divorce. A prenup can outline how this division will occur, whether it’s a 50/50 split or based on some other criteria.

What Happens in Case of Death?

Perhaps the most important aspect of a prenup is to function as part of your estate plan, fortifying the wishes you put forward in your will. It can specify what happens to each partner’s assets in the event of death and protect the inheritance of children of previous relationships.

How Will Dispute Resolution Be Handled?

Finally, it’s wise to include a provision for how disputes related to the prenup will be resolved. Talk to a Port St. Lucie family law attorney about the differences between mediation, arbitration, and court battles.

Could you benefit from a premarital agreement? The experienced legal team at Baginski, Brandt & Brandt will ensure the documents are well-crafted, addressing your unique needs. Contact us to schedule an appointment.