Prenuptial Agreements For Second Marriages

Data from the National Center on Health Statistics (NCHS) estimate that roughly 6 of 10 women who remarry become part of a blended family, with either they or their partner having had children in a previous marriage. There are many, many successful blended families, and one of the main things most of them share is care taken with regard to finances and assets. Very often, a prenuptial agreement or ‘prenup’ can help to ensure that finances are settled, which leaves you free to focus on this new chapter of your life.

Lots Of Leeway

Prenuptial agreements are designed for couples to preemptively agree on potential issues that would come up during divorce proceedings. In Florida, they are governed by state statute, though the state’s law is fairly broad in terms of what a couple can and cannot include in the agreement. The law explicitly permits a couple to agree on most rights and obligations, from property rights to spousal support, only stating that child support may not be decided beforehand.

Because the statute is so broad, prenups are often used to handle financial concerns for soon-to-be spouses who come into a second marriage with baggage. Concerns like existing financial commitments (for example, spousal support obligations or assigned debts from a previous marriage) can be discussed and settled even before two people combine their finances, so that no secrets exist that could cause problems later on.

Several Potential Positives

Prenuptial agreements offer many different possible advantages, perhaps most importantly the ability to protect the financial future of your children (or your new spouse’s children) from a previous marriage. Any children born of a second marriage will inherit your estate upon your passing, but you and your spouse can ensure that your older children are well provided for instead of having to do so in a will or trust later in life.

Another clear positive of having a prenup is that it can protect any assets that you wish to remain individual property. Florida is an equitable distribution state for purposes of marital property division, which means that assets are divided in the most equitable (fair) way, rather than 50-50 as in other states. However, this only applies to marital property (property acquired during the marriage or paid for with marital funds); if you have assets which are individual, a prenup can set that in stone, to protect the asset against divorce or creditors.

Contact A Hollywood, FL Prenuptial Agreement Attorney

Prenuptial agreements are not necessarily a good option for every couple, but for second marriages, they can help to set minds at ease, which can be critical. A Hollywood, FL family attorney from the Law Offices of Steven A. Mason, P.A. can help to answer your questions and protect your rights. Call our office today at (954) 963-5900 for personalized attention.

Source:

pewresearch.org/social-trends/2015/12/17/1-the-american-family-today/