Leading up to your marriage in Lee County, you probably heard from a number of people that you and your fiancee should consider signing a prenuptial agreement. Many of those that we here at Fried and Fried, P.A. have worked with were given the same advice, but did not see a need to heed it. They have since come to us asking the same question that you may now have: "Can I sign such an agreement after I am married?"
The answer that question is yes, but some might wonder if you did not see the need for a prenup, why consider a postnuptial agreement now? Several questions may come up after you marry, such as what specific financial responsibilities will you have in your marriage. If you (or your spouse) have children from a previous relationship, you may also want to stipulate how assets are to be dispersed to them should one of you die. All of these issues can be addressed in your postnuptial agreement.
The requirements to enact a postnuptial agreement are similar those of a prenup, with just a few exceptions. These can be found in Section 732.702 of Florida's state statutes. First and foremost, you and your spouse must provide each other with a full financial disclosure. This ensures that he or she cannot hide a windfall of assets from you (say, from an inheritance). In addition, the two of you may be required to sign waivers foregoing your rights to certain marital-related aspects, such as:
- Equitable division of property
- Interest in marital earnings
- Appreciation of separate property
- Interest in the marital homestead
- Interest in retirement plans
You cannot, however, impose any restrictions on child support or custody in postnuptial agreement.
More information on prenuptial and postnuptial agreements can be found here on our site.