Can a Postnuptial Agreement in Fort Lauderdale Protect You from Your Spouse’s Debts?

What happens if your spouse runs up credit-card balances, takes out personal loans, or invests in risky ventures you didn’t agree to? Under Florida’s equitable division laws, you may be liable for your spouse’s debts in a Fort Lauderdale divorce.

A postnuptial agreement can provide clear financial boundaries. It can protect your assets if your partner overspends, define which debts belong to whom, and determine what happens in the event of lawsuits or other collection actions. In some cases, it can even save your marriage.

How Florida Law Treats Debt in a Fort Lauderdale Divorce

The National Institutes of Health reports that finances are a common source of contention among married couples and a leading factor in divorce. Among the issues argued about most frequently are differences in spending habits and irresponsibility in racking up debts.

In a Fort Lauderdale divorce, marital property is subject to equitable division. Under the Florida Statutes, this includes debts, regardless of whose name is on the account. While judges aim for fairness, you could still be left footing at least part of the bill for your partner’s reckless spending.

A postnuptial agreement can protect you by spelling out how you handle debts. This includes:

• Separating existing personal debts from shared marital obligations.
• Specifying responsibility for future credit cards, business loans, or tax liabilities.
• Protecting one spouse’s property from being used to satisfy the other’s creditors.
• Defining who remains responsible for jointly titled accounts if the marriage ends.

Without a legally valid Fort Lauderdale postnuptial agreement, you could end up paying for financial decisions you never made.

Creating a Postnuptial Agreement in Fort Lauderdale to Protect Your Assets From A Financially Reckless Spouse

If your spouse is reckless with money and tends to accumulate debts, putting a Fort Lauderdale postnuptial agreement in place can provide important protections. However, it is only enforceable if spouses enter it voluntarily and exchange complete financial information. Florida courts scrutinize these documents to ensure neither party was misled or pressured.

When preparing a postnuptial agreement in Fort Lauderdale, take these steps:

• List all current debts, including mortgages, student loans, and business credit.
• Identify separate versus joint accounts.
• Describe how you and your spouse will manage future debts.
• Require written consent before taking out large new debts.

In addition to protecting you in the event of a divorce in Fort Lauderdale, a postnuptial agreement may help save your marriage. It clears the air regarding money matters, addresses financial issues couples often fight over, and provides a clear framework for avoiding arguments in the future.

Consult Our Experienced Fort Lauderdale Postnuptial Agreement Lawyer To Discuss Your Options

Reckless spending habits can strain even strong marriages. A postnuptial agreement can provide peace of mind and financial security. In some cases, it can actually help save your relationship.

At Vanessa L. Prieto Law Offices, our experienced Fort Lauderdale postnuptial agreement lawyer today helps couples protect assets and clearly define financial boundaries. Contact us today to discuss your options.

Sources:

pmc.ncbi.nlm.nih.gov/articles/PMC10632137/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html