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)

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