wedding rings and signature pageThis is the next post in my series on the subject of legal separations in Melbourne, Florida. My last article explained that legal separations are not recognized in Florida and what the benefits of such an arrangement would be. Fortunately, our state does recognize options for those who wish to separate from their significant other without filing for divorce. In this article I will discuss one of those options – a “post-nuptial” agreement. If you wish to separate from your spouse and ensure that your legal rights are protected then contact my office today to speak with a lawyer.

A post-nuptial agreement is similar to a “prenup” except for the fact that it is negotiated, drafted, and signed after the parties are married. Typical post-nuptial agreements will state that any wages earned by the spouses, from the time of the document forward, shall be considered separate and not of the marriage. The agreement can also state that the parties debts will be considered separate. These provisions would mean that each spouse would have no claim to money the other has earned, and no liability for debt the other has occurred, even though the parties are legally married. These types of provisions can also be applied to any property that is acquired. Finally, a post-nup can specify how property will be divided in the event that the parties separate or divorce.

Spousal support is another issue which can be dealt with in a post-nup. The agreement can state that there will be no alimony upon the separation or divorce of the parties. It can also state that there will be an award of alimony. If the agreement provides for alimony then it will typically state the amount of any payments as well as duration for which they are to be made.

There are two benefits to having a post-nuptial agreement. First, if the parties were to separate then it ensures that one’s significant other does not have a claim to their wages or any property they may acquire. Also, one will not have to worry about being potentially responsible for poor financial decisions their spouse may make after a separation. These legal protections are one of the primary reasons why people may want to file for a “legal separation.” Again, Florida does not recognize legal separations, which is why individuals in our state may wish to go the route of a post-nuptial agreement. The second benefit of a post-nuptial agreement is that it can ensure that there is little to argue over in the event that the parties do file for divorce. This, in turn, can save the parties time, money, and aggravation.

If you wish to file for a legal separation in the state of Florida then you will likely be frustrated when you find out that you are unable to do so. A well-drafted post-nuptial agreement, however, can provide many of the same legal protections. As a Melbourne family law lawyer I am able to assist with such agreements. Contact my office today to speak with an attorney.

We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.

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