For those spouses who had the wisdom to draft a prenuptial agreement, things are certainly off to a good start. Over time, however, some Florida spouses will fail to adhere to the terms laid out in their prenup, which can effectively void all or part of a document. While drafting a prenuptial agreement is a great place to start, actually “living” that agreement is sometimes more difficult to manage.
Living a prenup simply means structuring one’s married life to align with the terms outlined in the marital agreement. For example, if one spouse owned a business at the time of marriage, he or she probably set out terms to protect business assets from loss in the event of a divorce. However, certain actions taken during the marriage could make those provisions difficult to enforce in a court of law.
Consider a scenario where the business owner decides to sell the business. For financial planning purposes, he or she decides to deposit the earnings from that sale into a joint account or an account held by the other spouse. That can make it hard to argue in court that business assets were never intended to commingle with marital funds.
Prenuptial agreements are wonderful protective devices for many Florida spouses. That said, those protections require a certain degree of ongoing management in order to remain in place. Sitting down with a family planning attorney to discuss which actions to avoid can help spouses ensure that the agreed-upon provisions remain in place in the event the prenup is ever called into action.