postnuptial agreement and prenuptial agreement

[rick4321]

Hello

I am just curious about the laws in Florida. I have spoken with several lawyers about prenuptial and postnuptial agreements.

From what I understand I can do the following:;

1. Protect premarital assets
2. Waive alimony

What I want to do is this

1. Protect marital retirements (in the event of a divorce each party keeps their own retirement accounts)
2. Divide assets in 50:50 in an equitable distribution state or is 60:40 for the higher earner possible?
3. If I decide I want to work only part time during the entire marriage would I be responsible for higher alimony if the judge declares that I should pay alimony based upon the amount I would earn over a full year of work?

How much of this is likely to be struck down as unfair? I guess the whole thing is pretty subjective. I assume if both parties are working no kids all of it can all be struck down.

Thank you

Does anyone have any experience in how enforceable these agreements are if both parties are represented by lawyers and the forms are signed and notarized?

Will the agreement completely collapse? I am curious just in general just as a matter of practice only.

 

[adjusterjack]

Don't bother with this one.

See:

irrevocable trusts | Forum.FreeAdvice.com

 

[rick4321]

not sure i understand. I want to be clear I am not looking for a divorce.
in the event of divorce I want to see what options would be, just like if you bought car insurance what happens if you get in an accident what is covered what is not covered.

 

[adjusterjack]

You buy car insurance before you have the accident.

You've already had the accident.

Metaphorically speaking.

 

[Zigner]

Post nuptial agreements are enforceable in Florida, assuming they are properly constructed and executed. You will want to speak to a family law attorney about the matter. You will also want be both be represented (by different attorneys).

 

[not2cleverRed]

not sure i understand. I want to be clear I am not looking for a divorce.
in the event of divorce I want to see what options would be, just like if you bought car insurance what happens if you get in an accident what is covered what is not covered.

Is your spouse a US citizen?

If not, have you sponsored your spouse for a greencard?

 

[zddoodah]

Beyond what "Zigner" wrote (all of which I agree with), this is not a matter for anonymous strangers on the internet (none of whom are, as far as I know, family law attorneys in Florida). Reading between the lines of your posts, you appear to be relatively wealthy. Retain the services of a good family law attorney.