‚ÄčEstate Planning | Probate | Business | Corporate | Guardianship | Asset Protection

Marc J. Soss, Esq.


(941) 928-0310 | mjs@fl-estateplanning.com

PRE-MARITAL & POST-MARITAL PLANNING


Before you get married, the last thing you want to think about is whether or not you may get divorced in the future. No one ever expects or desires to get a divorce, but it is always better to be prepared for an uncertain future. No one can predict what the future holds, which is why you should consider a pre-marital agreement. These are legal agreements that lay out exactly what property and assets belong to which spouse in marriage so that, in the event of an unexpected divorce, each party's assets are protected during the property division process.Regardless of whether it is a first or second marriage, these legal documents can remove a lot of the risk when one party has significantly more wealth than the other.


PRENUPTIAL & POSTNUPTIAL AGREEMENT

"Prenuptial Agreement" means an agreement entered into, between prospective spouses, in contemplation of marriage and to be effective upon marriage. "Postnuptial Agreement" means an agreement between spouses to be effective during their marriage. Under  a Prenuptial & Postnuptial Agreement, each spouse will waive their legal rights as a surviving spouse to: an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage.


COHABITATION AGREEMENT
"Cohabitation Agreement" means a private agreement between same-sex and unmarried couples. The agreement is utilized to establish for the parties the rights and obligations that married people obtain by custom, statute, and agreement. An agreement is typically utilized to: (i) guarantee a financially less secure partner an equitable settlement; (ii) properly compensate a party for his or her role as a caretaker; (iii) allow a financially more secure party to limit exposure in the event of a breakup; and (iv) disclose both financial and personal expectations of the relationship.