Category Archives: Premarital Postnuptial Agreement
Should You Include a Sunset Clause in Your Premarital Agreement?
At Hamilton O’Neill, our clients use premarital agreements, also known as prenuptial agreements to clarify what assets each spouse will get in the event of divorce or, sometimes, also if your spouse predeceases them. Premarital agreements are especially useful if one or both spouses have small businesses or intellectual property related to their name… Read More »
When Should You Create a Prenuptial Agreement?
A well-drafted prenuptial agreement will clarify how assets and liabilities will be handled if a couple divorces or if one spouse dies. Without a prenuptial agreement, spouses will be subject to Florida’s laws, which call for an equitable division of marital property and what is defined as marital property. Many people with high net… Read More »
Florida’s Elective Share: What is It and Why Does it Matter?
Florida makes it difficult for people to cut their spouse out of a will. Instead, Florida’s “elective share” laws give surviving spouses a right to elect to take a percentage of their spouse’s elective estate. This law can matter for many affluent people, especially those who marry later in life and hope to leave… Read More »
Can You Get Out of Your Premarital Agreement?
High net-worth individuals often use premarital agreements to limit their financial exposure in divorce. In a rush to get married, many people sign these agreements without fully understanding what they are giving up. When it comes time to divorce, your spouse could dust off the agreement to limit what they pay you in alimony… Read More »