Prenuptial and Postnuptial Agreements: Why They Matter in High-Net-Worth Divorce

A dissolution of marriage can be a highly charged, emotional event, especially when the couple has accumulated substantial wealth and assets. Individuals may have lucrative businesses or family properties or expect large inheritances but do not want them to be commingled or split with their partner. A couple may have strong feelings about spousal support or children from prior marriages that they need to protect. 

Whatever the reason, a prenuptial or postnuptial agreement can mitigate conflict and avoid lengthy and costly litigation if you find yourself facing a divorce. While these legal contracts are similar, a prenuptial agreement, also called a prenup, is created before marriage, while a postnuptial agreement, or postnup, can be signed any time after marriage.

The Popularity of Prenup & Postnup Agreements Continues to Grow

Prenuptial and postnuptial agreements are more popular with each generation, as many couples enter marriage later, already having established careers and financial security. While some individuals may have viewed them as a lack of trust in the past, couples today know that they protect both spouses’ interests. A study conducted by The Harris Poll found that 42% of adults support the use of prenups. For many, it is accepted as part of the wedding process!

Criteria for an Enforceable Agreement

While Florida is an equitable distribution state for couples in divorce, a prenup or postnup agreement generally supersedes this divorce law as long as certain criteria are met. To be enforceable, these documents must be written and signed by both parties in the presence of a notary. An oral agreement is not valid in Florida. Both parties must enter this agreement voluntarily, with no evidence of coercion, fraud, or undue influence. Financial assets, liabilities, and income resources must be fully disclosed. Additionally, child support cannot be determined or waived in these documents, and the documents must be fair and reasonable. Florida law allows for legal challenges of prenups and postnups if there is evidence that any of the above criteria is in question.

High Stakes in High-Net-Worth Divorce

In high-net-worth divorces, there are often complex investment accounts, domestic and possibly foreign business interests, out-of-state and out-of-country real estate properties, generational wealth, and valuable personal items. These holdings make it more complicated due to the extent of property to be divided. 

Without a prenuptial or postnuptial agreement, assessing the value of assets involves expert valuations. It can be difficult as many assets, such as stocks and businesses, constantly change values. A high standard of living can make spousal support a contentious area to address. In addition, significant tax and estate planning matters need to be addressed.

Protect Your Legal Rights and Future

If you are a high net-worth individual considering marriage or are already married and want to clarify and document your financial rights, it is crucial to seek legal counsel and representation from an attorney with extensive experience. Attorney Adriane M. Isenberg has practiced law for more than two decades, focusing exclusively on family law. She understands Florida family law in-depth and can aggressively preserve and protect your accumulated wealth with a clearly written and enforceable prenuptial or postnuptial agreement. 

Call the Law Firm of Adriane M. Isenberg, P.A. today at (352) 331-4922 or fill out our contact form to schedule a confidential consultation at our Gainesville, Florida, office. We proudly represent clients throughout North Central Florida, including, but not limited to, Alachua, Gilchrist, Levy, Baker, Bradford, Union, Marion, Clay, Putnam, and Columbia Counties, Florida.