Prenuptial and postnuptial agreements explained


Prenuptial and postnuptial agreements explained including how they affect the elective share in Florida.


Frank: Is there any such a thing such as post-marriage agreement? 
Attorney Tom Olsen: Yes it’s called a postnuptial agreement. Usually people get it done before they get married with their prenuptial agreement.  But if you are already married, you can accomplish the same thing through a postnuptial agreement. 

Frank: Okay, that’s my question because I’d like to go ahead and do something like this in the next few weeks. 

Attorney Tom Olsen: All right. So Paul let's talk about it for a minute. By the very fact of being married in Florida you have certain obligations to your spouse due to our elective share laws. One has to do with the home that you live in. The other has to do with everything else. Your spouse will be untitled to at least 30% of everything you own. Through a postnuptial agreement you and your spouse are waiving a claim to each other's estate when you pass away. Usually you're also waving a claim to alimony if you get divorced. And you can to this through a postnuptial agreement. Frank the good news is we have a lawyer at our office that can assist you, his name is Paul. Paul is our divorce attorney and he does pre and postnuptial agreements. You want to reach Paul at our office, Frank, you can call 407-423-5561.