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Post Nuptial Agreemtent

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zamigail

Junior Member
What is the name of your state?Florida
My husband and I signed a post-nuptial agreement after our marriage in 1977. In it we listed all assets and debts we were bringing to the marriage (I had all the assets - he had only debts). He went to Ohio from 2/97 to 12/97 to work for his brother with the understanding that he would clear those debts. I owned my home and he made no contributions to the household during that time. Until recently, his name was not on a bank account or telephone account here in FL nor did he have credit cards. However, within the past month he has received notices from 3 collection agencies for outstanding debts totalling approximately $45,000. This is more than he originally admitted to owing.
The home, the two vehicles and all investments are in my name and were paid for by me with my own money and money that was left to me by my mother, with the exception of an IRA for $7,000 that I put in his name. We have one joint account that is used for checking.

I would rather lose him than lose my assets. Based on the fact that he lied on the post-nuptial agreement about his debt, do I have grounds for divorce/annullment with no payouts to him?

We are both in our late 50s and there are no children involved.
 
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BelizeBreeze

Senior Member
First of all, forget the annullment. You have no grounds. The lying on the pre-nup has nothing to do with the marriage per-se.

zamigail said:
What is the name of your state?Florida
My husband and I signed a post-nuptial agreement after our marriage in 1977. In it we listed all assets and debts we were bringing to the marriage (I had all the assets - he had only debts). He went to Ohio from 2/97 to 12/97 to work for his brother with the understanding that he would clear those debts.
irrelevant
I owned my home and he made no contributions to the household during that time.
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses.

What this means to you is that the home is separate property, and all other property that has not been 'converted' to marital assets.

Until recently, his name was not on a bank account or telephone account here in FL nor did he have credit cards.
Irrelevant to the determination of marital asset.

However, within the past month he has received notices from 3 collection agencies for outstanding debts totalling approximately $45,000. This is more than he originally admitted to owing.
and, of course, you can tell us WHEN these additional debts were made?

The home, the two vehicles and all investments are in my name and were paid for by me with my own money and money that was left to me by my mother, with the exception of an IRA for $7,000 that I put in his name. We have one joint account that is used for checking.
Again, who paid for these things is NOT relevant. What IS relevant is when they were purchased. I would hasten to also remind you that although your inheritance was (probably) separate property, if you purchased the investments and vehicles during the marriage they CAN be deemed Marital assets by the court upon dissolution. That also goes for the IRA and the joint account

I would rather lose him than lose my assets. Based on the fact that he lied on the post-nuptial agreement about his debt, do I have grounds for divorce/annullment with no payouts to him?
Lying on a post-nup is, as I have already said, NOT grounds for a divorce. And you cannot get an annullment because you were already married when the post-nup was made, therefore you did not rely on the 'fraud' to consumate the marriage contract.

Besides that, Florida is a no-fault state with Irretrievable breakdown of the marriage being the major grounds for divorce.. [Florida Statutes Annotated; Chapter 61.052].

We are both in our late 50s and there are no children involved.
this is irrelevant.

The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:

(1) the contribution to the marriage by each spouse including the contribution of each spouse as homemaker;

(2) the length of the marriage;

(3) the age and health of the spouses;

(4) the amount and sources of income of the spouses;

(5) the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

(6) the standard of living established during the marriage;

(7) the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment;

(8) any other factor necessary to do equity and justice between the spouses.

Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Furthermore, any retirement plans will be distributed upon divorce. [Florida Statutes Annotated: Chapter 61.075, 61.076 and 61.077].
 

LdiJ

Senior Member
BelizeBreeze said:
First of all, forget the annullment. You have no grounds. The lying on the pre-nup has nothing to do with the marriage per-se.


irrelevant

Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses.

What this means to you is that the home is separate property, and all other property that has not been 'converted' to marital assets.


Irrelevant to the determination of marital asset.


and, of course, you can tell us WHEN these additional debts were made?


Again, who paid for these things is NOT relevant. What IS relevant is when they were purchased. I would hasten to also remind you that although your inheritance was (probably) separate property, if you purchased the investments and vehicles during the marriage they CAN be deemed Marital assets by the court upon dissolution. That also goes for the IRA and the joint account



Lying on a post-nup is, as I have already said, NOT grounds for a divorce. And you cannot get an annullment because you were already married when the post-nup was made, therefore you did not rely on the 'fraud' to consumate the marriage contract.

Besides that, Florida is a no-fault state with Irretrievable breakdown of the marriage being the major grounds for divorce.. [Florida Statutes Annotated; Chapter 61.052].


this is irrelevant.

The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:

(1) the contribution to the marriage by each spouse including the contribution of each spouse as homemaker;

(2) the length of the marriage;

(3) the age and health of the spouses;

(4) the amount and sources of income of the spouses;

(5) the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

(6) the standard of living established during the marriage;

(7) the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment;

(8) any other factor necessary to do equity and justice between the spouses.

Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Furthermore, any retirement plans will be distributed upon divorce. [Florida Statutes Annotated: Chapter 61.075, 61.076 and 61.077].
In other words....its probably in your best interest if you get yourself and attorney.
 

zamigail

Junior Member
Florida
These debts were incurred by my husband prior to my even meeting him. I knew nothing about any debts until after we were married and he apparently did not make a full disclosure on the post nuptial agreement.
 

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