Welcome to the Sunshine State! You’re going to love it here even if it’s a bit quirky when it comes to divorce law.

If you’ve recently moved to Florida with a prenuptial or postnuptial agreement from another state or country, you may be wondering how to ensure its validity and effectiveness in Florida’s legal landscape. DADvocacy™ can help you to navigate this process seamlessly as our team brings an understanding of family law proceedings from prosecutorial, defense, and even judicial standpoints.

There are some peculiarities of Florida law that may impact your existing agreement and negatively affect how Florida divorce courts may interpret it. While Florida follows the Uniform Premarital Agreement Act, which is consistent with many other states, there are  some legal quirks that set Florida apart, as follows:

1. Mandatory, comprehensive financial disclosure in Florida:

In the pursuit of transparency and fairness, Florida requires full and frank financial disclosure by both parties before either signs a prenup or a postnup. Unlike some other states that allow the lower standard of reasonable disclosure, Florida leaves no room for ambiguity.

It’s crucial to ensure that all liabilities and assets are meticulously specified to comply with Florida’s stringent disclosure requirements, even if this task seems overwhelming – and it doesn’t have to be. DADvocacy™ provides assistance with documenting your disclosure step by step.

2. Florida’s lack of recognition for legal separation:

In Florida, you are either married, or you have filed for divorce, thereby rendering any terms in your prenup (or postnup) triggered by separation ineffective. There is no other set of facts that creates separation as legally defined in Florida.

3. Protecting small business owners:

If you or your spouse own a small business in Florida, you’ll want to pay close attention to this section.

Florida places small business owners under a scrutinizing lens during divorce proceedings, creating an atmosphere in which they must prove that their business operations are legitimate and not aimed at concealing personal funds within the company.

This is a bizarre reversal of “innocent until proven guilty,” and the effect can be increased litigation costs for the business owner on top of a costly divorce.

DADvocacy™ can help you to protect yourself and your business through including explicit terms in your prenup to share accounting fees. Such a provision can prove advantageous if you find yourself navigating this complex terrain.

Otherwise, proving your proper business dealings in divorce litigation usually involves an expensive forensic accountant and years of court intrusion into your enterprise.

4. Leverage the accountant-client privilege:

Florida is one of few states that recognizes the accountant-client privilege, which can be a game-changer during divorce proceedings, particularly for business owners.

This privilege extends only to Florida-licensed CPAs, making it beneficial to engage one for your tax and other financial matters. This privilege does not pertain to a tax preparer unless the tax preparer is a CPA licensed in Florida.

Please check our DADvocacy™ blog in the upcoming weeks for separate posts on CPAs and their importance in divorce cases.

5. Addressing pets in your prenup/postnup:

In Florida, pets are considered assets.

In my 27 years of being a divorce litigator, I have witnessed disputes over pet ownership that result in some unusual rulings in divorce cases. For example, one local judge became famous for awarding half the value of the disputed pet through using livestock commodities charts and asking the warring spouses if their dog seemed more like a cow or a hog.

While the court relies on a prenup’s or a postnup’s language to determine the disposition of pets, DADvocacy™ can help you to include clear provisions for safeguarding your beloved furry companions’ future.

6. Mediation as the most cost-effective option:

Florida mandates mediation in every divorce headed to trial. If you and your spouse ever decide to part ways, your prenup or postnup can protect your finances with a simple provision that directs both of you to attend early mediation and to split the cost equally.

This type of provision can save significant legal fees. We will guide you on how to incorporate this provision effectively, whether you’re drafting or updating your marital agreement.

7. Accounting for “status quo” orders:

In about half of Florida circuits, administrative “status quo” orders require certain expenses, such as insurance premiums and electric bills, to be maintained during litigation, potentially affecting the concessions outlined in your prenup or postnup.

Understanding this aspect of Florida law and including relevant provisions in your marital agreement can prevent unexpected financial burdens during the divorce process.

8. Limitations on temporary alimony and attorney’s fees:

Florida does not permit prenups (or postnuptial agreements) to eliminate temporary alimony and temporary attorney fees. However,  your pre/postnup should include mechanisms to calculate these figures in advance, thereby avoiding costly litigation for temporary matters.

Afterall, no one should end up litigating temporary matters when there is a prenup or postnup in place for the very purpose of avoiding litigation and the resulting costs.

Navigating Florida’s legal landscape with an out-of-state or out-of-country prenup or postnup doesn’t have to be daunting. We can help you to understand the quirkier aspects of Florida law and to craft your marital agreement thoughtfully to ensure your compliance with Florida law.

Whether it’s addressing proper financial disclosure, safeguarding small business interests, or protecting your pets, being well-informed is the key to a successful marital contract in the Sunshine State.

Whether you are a new or established resident, you can talk to us about your goals through a free Zoom consultation.

Contact DADvocacy™ to initiate your free consultation.

Warning: All posts on this website contain general information about legal matters for broad educational purposes only. This information is not legal advice and should not be treated as such. This blog post does not create any attorney-client or mediator-client relationship between the reader and DADvocacy™.