Prenuptial Agreements and Debt Protection in Fort Lauderdale Marriages

Couples use prenuptial and postnuptial agreements in Fort Lauderdale to protect property and assets in the event of a divorce. However, in today’s world, protecting yourself from a partner’s credit cards, personal loans, or other debts is equally important.

Whether it’s student loans, business liabilities, or credit card debt, entering a marriage with financial baggage is increasingly common. If you plan on getting married, find out how a Broward County prenuptial agreement can benefit you and your future spouse.

Why Addressing Debt in a Fort Lauderdale Prenuptial Agreement Is So Important

In Florida, debts incurred during marriage are typically considered shared liabilities and subject to equitable distribution in a Fort Lauderdale divorce. Even if one spouse racks up credit card bills or business loans in their name, the other spouse could still be held partially responsible for paying them off.

Under Section 61 of the Florida Statutes, debts acquired over the course of a marriage are divided fairly in divorce, though not always equally. This can have serious consequences if:

• Your partner has high-interest credit card debt or a poor credit history.
• One of you is self-employed and carries business-related liabilities.
• Co-signed loans or shared accounts are involved.
• One spouse plans to take on significant student loan debt.
• You want to avoid liability for certain obligations.

Addressing debt in a Fort Lauderdale prenup separates responsibility and prevents you from being saddled with liabilities that aren’t yours to begin with.

How a Fort Lauderdale Prenuptial Agreement Can Protect You From Debt

A prenuptial agreement can do more than preserve what you bring into the marriage. It can lay out responsibility for financial obligations if you or your spouse files for a divorce through the Broward County Family Court. Ways a prenup can help:

• Clarifies which debts are individual vs. marital: A prenup can state that any pre-existing debt remains the sole responsibility of the borrower.
• Addresses new debt: Couples can include provisions for individual and joint debt incurred after marriage.
• Outlines procedures for debt repayment: The prenup can include guidelines for handling shared expenses or loans to avoid future conflict.
• Protects your credit and financial future: A well-drafted agreement may prevent your credit from being damaged by your partner’s financial choices.
• Defining outcomes in the event of divorce: The prenup can clearly state who will be responsible for which debts if the marriage ends.

Already married but concerned about your spouse’s debts? A Fort Lauderdale postnuptial agreement, similar to a prenup but entered into after marriage, can provide similar protections.

Protect Your Future with Help from Our Experienced Fort Lauderdale Prenuptial Agreement Lawyer

Getting married is an act of love, but planning for the future requires wisdom. At Vanessa L. Prieto Law Offices, we help individuals in Fort Lauderdale protect their financial well-being through clear, customized prenuptial agreements.

Whether you’re bringing assets into a marriage or concerned about your partner’s debt, our Fort Lauderdale prenuptial agreement lawyer can guide you in creating legal documents that protect your rights and peace of mind. Call or contact our office today to schedule a confidential consultation.

Sources:

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

browardclerk.org/Divisions/Family