There is a lot of talk about prenuptial agreements in our society. The “prenup” is commonplace among the celebrities so many of us watch in the media; prenups are also commonplace among men and women who aren’t in the tabloids.

But just because you and your spouse are already married and don’t have a prenuptial agreement does not mean you can’t join the forces of the many couples who rely on marital contracts in the case of divorce. Your legal option after marriage is to work with your spouse to agree to a postnuptial agreement.

If you are reading this blog post it is likely because you feel a tug of suspicion that maybe you should have created a prenup but missed the opportunity. If that is the case, assess whether a postnup might be worth creating.

The following are some questions to ask yourself to determine whether a postnup is a must:

Did you get married while already having a hefty amount in assets of your own? Maybe you got married later in life and had already secured solid financial footing. Maybe you have a large inheritance that you want to protect. If you have money that you want to protect as yours, no matter what, state that with a postnup.

Do you have children outside of this relationship? Maybe protecting the assets that you see as yours is less about you and more about the financial security of your children. If you already had kids from a different relationship and then got married without having a prenup, a postnup is a crucial tool for you. You can state that your earnings will be kept separate and protected for the security of your kids should the marriage end in divorce.

These are just a couple of reasons your situation might warrant a prenup contract. An upcoming post will add to this list. If you have any doubt regarding your financial security after marriage, your family law attorney can give you more specifics about the postnuptial agreement process.

Are you basking in the glow of a recent marriage proposal? The joyful holiday season tends to inspire many couples to take the next step in their relationships. How fitting during a time of gift giving to wrap up a beautiful diamond and pop the question. How special to begin a new year with the planning of a new chapter in you and your love’s lives.

While congratulations are certainly in order for the many couples whose new years include the newly-engaged status, there is more than wedding planning to consider. All kinds of people can benefit from family law planning before getting married. You and your betrothed should discuss a premarital agreement.

This kind of family law contract is called a premarital agreement according to Florida statutes, but you probably more often hear the contract referred to as a prenuptial agreement or “prenup.” Simply put, a premarital agreement is a contract you and your partner create and sign before getting married. It sets out how assets, debts, real estate, spousal support and other financial matters would be handled in the case of divorce.

Prospective spouses can make their prenups unique to their situation and their specific concerns or desires. Certain conditions might be noted in the contract related to behaviors during the marriage and how those actions (cheating, for example,) could impact matters during a divorce. However, Florida law does not allow child support to be negatively impacted; also, a prenup cannot override other Florida laws such as criminal laws.

If you are recently engaged you are likely overwhelmed with the excitement of this happy milestone. The excitement and the promise of marriage do not have to be snuffed out by discussing premarital agreements. Creating a prenuptial contract can be helpful for couples because it poses important questions regarding what each person wants and doesn’t want out of a marriage.

There is no shame in working with your partner to plan for your future. An experienced family law attorney can help the process along in order to serve your goals as individuals and as a couple.

With the New Year here, history shows that more people in Tampa and across the U.S. will make the decision to move forward with divorce. The holidays are behind us, and the countdown to a new year widely represents the turning of a page for men and women who might be unhappy.

The year 2017 already represents a big change for the entire country, even the world. We will be getting a new president. Whether you voted for Trump or not, the reality is that the future is bit uncertain. Choosing divorce at this same time presents another level of uncertainty; therefore, collecting some knowledge about divorce laws in Florida can work toward providing some confidence in a time of major changes.

A change in government can be the beginning of big economic changes. Financial stability is also a matter of concern within most divorces. It is common for both parties to worry about who will get what in the divorce.

At its simplest level, the property division law in Florida is defined as equitable division. FindLaw explains that in equitable division states, the court generally determines what is fair when dividing marital estates.

Therefore, the common idea that property will be split totally 50/50 in the case of divorce is not necessarily true in Florida divorces. A judge might not see that as the equitable or fair financial arrangement.

What might a judge consider when determining what is fair? The court would look at income and earning potential of both parties. Also, fault (while most often ignored in U.S. divorces) might play a role in property division. Individuals’ ages, health and likelihood of inheritance might also be considered in Florida divorces.

If the New Year has ignited a fire in you to move forward with ending your marriage, we understand that you might be emotional. Still, sit down and try to think as clearly as possible about your financial situation.

Collect as much information and as many documents related to your marital estate as you can as soon as possible. Do you have a prenuptial agreement? Bring any information you have found to a trusted divorce lawyer who can lay out your options and evaluate your unique circumstances and how to best protect your goals.

Divorce happens. Everyone is impacted by it; many choose it for their lives. As a Time piece notes, divorce has a place in American history. Today, it is common enough that it is a source of entertainment. The new HBO series, Divorce, is proof of that fact.

HBO buffs or Sarah Jessica Parker fans likely know about this new series that premiered earlier this month. It follows a couple whose 17-year marriage is ending. The first episode left off with the husband discovering that his wife, Parker, had an affair.

While the show is fictional, this kind of situation can and does play out in real life. The matter of adultery isn’t just entertaining scandal for television; it also can have an impact in a real-life Florida divorce. But how, and how much, can an affair play a role in your divorce?

Cheating isn’t necessary to prove in order for a divorce to be granted. No-fault divorces are the norm in most family law cases. Having to prove that one party did something specific to damage a marriage is no longer required as it was in the past. However, noting that an estranged spouse stepped outside of the marriage could change the terms of a divorce.

Florida Statute 61.08 reads, “The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” What might this look like?

A lesser-earner whose spouse cheats on them might find favor with a court in terms of spousal support requests. If it was the lesser earner who is accused of cheating, they might find it harder to get the alimony amount they want. The higher-earner who didn’t cheat could be favored by the court.

Overall, the behavior of spouses during a marriage doesn’t make a significant difference in divorce unless, for example, someone’s actions impact the marital estate or hurt the children. As opposed to earlier times in American history, family laws generally reflect the reality that marriage is hard and spouses are human. Getting out of a marriage shouldn’t become a spectacle of criminalizing the other party.

If you have questions about how certain actions that occurred within your marriage might impact your divorce in Florida, don’t be afraid to have that honest conversation with a family law attorney whom you trust. This is your life, your family, your future. Ask the questions that you need to ask in order to feel good about moving forward.

With summer vacations and long, relaxing days mostly behind us now, Floridians are facing a return to reality. Now it’s time for everyone to go back to work and school. The next break many people get could be several months away and coupled with the stress of the holidays, which makes saying goodbye to summer that much harder.

However, this time of year could make it easier to say goodbye to an unhappy, unsatisfying marriage. According to a recent study, the number of people filing for divorce spikes in the month of August.

Recently, sociologists examined data related to the rate of divorce in one state. They found that throughout the year, there were two definitive spikes: one in March and one in August.

The timing of these spikes is believed to correlate with the social calendar many people adhere to in terms of holidays. For instance, many people take family vacations during the summer and have time off work for holidays like the Fourth of July and Labor Day. These occasions often result in more time spent with family and raised expectations that a strained relationship can be repaired with time away from the daily grind.

In reality, however, the pressure of vacations and the demands of a summer social calendar can ultimately do more harm than good to an already tenuous relationship. Instead of reconnecting, battling spouses can wind up more unhappy than they were before holidays and vacations.

Because of this and the fact that people typically have fewer social obligations in the next few months, August appears to be a popular time to make the decision and file for divorce.

What this means for you if you are considering divorce is that you are not alone. Further, it is a statistical representation of why you could be more motivated to file for divorce now as opposed to continuing to put off the difficult decision. Should you find yourself in this situation, now could be a good time to consult an attorney and get the process of divorce started. It is never going to be an easy thing to do, but filing now could be easier than waiting until later in the year.