Marital Assets and Liabilities Part 9 of 15 | Divorce Attorney Fort Myers/Naples
Agreements. (Pre & Post Marital)
- Contracts are made in legal contemplation of existing, applicable statutes and so it is that marriage contracts and any ante or post-nuptial contracts are entered into subject to then-existing law, including the law of this state. Belcher v. Belcher, 271 So.2d 7, 9 (Fla.1972).
- If a prenuptial agreement does not specifically designate a spouse’s earnings as separate property, the assets acquired with those earnings will be treated as marital. See Irwin v. Irwin, 857 So.2d 247, 248–49 (Fla. 2d DCA 2003)
- Where a prenuptial agreement does not address the right to enhanced value of a non-marital asset, that value is subject to equitable distribution. In Hahamovitch, the agreement did not contain an express waiver of growth or appreciation of pre-marital or non-marital assets. Weymouth v. Weymouth, 87 So.3d 30, 34 (Fla. 4th DCA 2012)
- a simple waiver of appreciation or increase in value waives only passive appreciation, not active appreciation attributable to marital labor and funds. Worley v. Worley, 855 So.2d 632, 635 (Fla. 2d DCA 2003)
For more information contact us to schedule your free consultation.
Serving the One
At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.
We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.
We are committed to providing the kind of service and environment that we all want as consumers.
With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.
We truly are here to serve the one.