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Enforcing a Prenuptial Agreement in a Florida Probate


An increasingly common situation in Florida probate litigation is the existence of a Prenuptial Agreement. A Prenuptial Agreement is an Agreement made before the marriage. It dictates how certain assets will be handled in the event the marriage fails. Prenuptial agreements are legally binding contracts when executed properly. Provided there is nothing that goes against applicable law or a provision that diminishes rights to child support, you can put almost anything in a prenuptial agreement.

If a dispute arises during probate over a Prenuptial Agreement, you should contact an experienced Pompano Beach estate & trust litigation attorney right away. Probate litigation is a complex area of the law, and you need a skilled attorney who can assist.

Prenups and Death vs. Divorce

Prenuptial Agreements are handled differently when you are talking about death versus a divorce. The court will be looking at things like alimony and spousal rights to any accrued property during the marriage. If you have children, spousal support will also be a main aspect of your divorce.

For estate planning purposes, a prenup prepares for a spouse’s death and preserves non-marital assets for specific beneficiaries rather than the surviving spouse. Spouses still have some rights upon death. One of these is the spousal elective share in Florida. However, if there is an enforceable prenup, it could alter these rights.

Disinheriting a Spouse

Some people want to know why you can’t just disinherit a spouse. In Florida the only legal way to accomplish that is through a valid Prenuptial or Post-Marital Agreement. Otherwise, Florida law allows disinherited spouses to opt-out and claim their elective share rights. Under the elective share, a spouse receives a portion of the estate, regardless of what estate planning documents state. A prenup can complicate this, which is why you should speak with a knowledgeable Florida probate litigation attorney right away.

Contact a Pompano Probate and Trust Litigation Attorney

If you need assistance with a probate dispute involving a prenuptial agreement, contact Mark R. Manceri, P.A. today to schedule an initial consultation.


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