What should I check before signing a prenup in Florida?
Quick Answer: Check four things: what stays yours, what you give up, what you're told about their money, and how it's signed.
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenuptial and postnuptial agreements, in English or Spanish: (305) 482-1262.
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Video transcript
0:00 What should I check before signing a prenup in Florida?
What should I check before signing a prenup in Florida? Four things: what stays yours, what you give up, what you're told about their money, and how it's signed.
0:10 What does the prenup say stays mine?
Start with what it calls separate property. In Florida, that can include income and earnings, from work and from investments. Check whether the rules work both ways, and what it says about a future home, business or earnings.
0:24 What rights am I giving up?
Look for every place you give something up. Alimony is the big one. A prenup can limit it, or rule it out, though a court can still order support to keep a spouse off government benefits. Then, your rights if your spouse dies. In Florida, a surviving spouse can usually claim thirty percent of the elective estate, a specially defined pool of assets. Watch for the words "all rights". They can give up every one of those at once.
0:50 Did they tell me everything about their money?
Ask for a clear list of their assets, debts and values. Each thing should be named and given a value. "Various investments" isn't enough. Have your own lawyer explain any clause waiving further financial disclosure before you sign.
1:05 How does a Florida prenup have to be signed?
A Florida prenup must be in writing and signed by both of you. Florida doesn't require a notary. But giving up rights at death has a stricter rule. If you live in Florida, that part must be signed in front of two witnesses. That step gets missed. So check the signature page.
1:22 What about retirement accounts?
Many prenups try to cover 401(k)s and pensions. But for many workplace plans, federal rules say a spouse's consent signed before the wedding doesn't count. It has to be signed again after you're married. So ask how and when that will happen.
1:36 What other clauses should I read?
Also read what happens if separate money goes into a joint account, or into your home. Who pays which debts, and who pays the lawyers if there's ever a dispute. And which state's or country's law applies to the agreement.
1:49 Can we change it after the wedding?
You can change it after the wedding, but only in writing, signed by both of you. A promise to "revisit it after the honeymoon" changes nothing. If a term is meant to end someday, it has to be written in now. Pazos Law Group does independent prenup reviews, in Coral Gables or by video, in English and Spanish. Visit pazoslawgroup.com. Attorney advertising. General information, not legal advice.