Can a person limit their exposure to alimony by having a prenuptial agreement in Florida?

A prenuptial agreement in Florida, if properly written, can very much affect an entitlement or an obligation to pay alimony. In fact, if properly prepared, the terms of the prenuptial agreement will prevail.

If there is a provision that says neither spouse shall receive or pay alimony, then neither spouse shall receive or pay alimony. That is a contract right that both of the parties have entered into. Sometimes prenuptial agreements state that alimony shall be paid under certain circumstances in accordance with a particular formula developed by the parties. Those too shall be honored. The only exception to all of that, and it is a very minor exception, is if that honoring such a prenuptial agreement would leave one of the parties on public assistance, then the concept is that the government should not have to pick up the tab because of an agreement entered into between the parties which would have otherwise provided for alimony. That’s a pretty slender exception.

If you would like to discuss your Legal issues with S. David Anton, Esq. of the Anton Legal Group then please call us today at 813-443-5249 to schedule an appointment.