Using a Fort Lauderdale Postnuptial Agreement To Protect Against a Spouse’s Spending Problem

Financial pressures are among the leading causes of divorce in Fort Lauderdale, and overspending is often to blame. If your spouse is draining your savings, running up debt, or putting your financial future at risk, it can jeopardize your marriage and your financial security for years to come.

Creating a postnuptial agreement may be the answer. Our experienced Fort Lauderdale prenuptial and postnuptial agreements lawyer explains how it works and whether it makes sense for your situation.

How a Postnuptial Agreement Protects Your Finances in a Fort Lauderdale Marriage

A Fort Lauderdale postnuptial agreement is similar to a prenup, except that it is entered into after a couple is already married. Under Section 61.079 of the Florida Statutes, it’s a written contract that provides full financial disclosure and establishes how marital property, assets, and debts are divided in the event the couple decides to file for a divorce.

Having your spouse sign a postnuptial agreement won’t automatically make them more frugal, but it can protect you from being liable for their debts. Depending on your situation, ways it can help include:

• Protects your savings accounts, retirement funds, and any inheritances from debt your spouse incurs.
• Clarifies that each spouse is responsible for their own individual debts.
• Prevents a business or professional practice from being dragged into your spouse’s financial mess.
• Creates a paper trail showing that money your spouse wasted will be accounted for if you eventually divorce.

A Fort Lauderdale postnuptial agreement can help clear the air, clarify problems in your marriage, and ensure that if your spouse’s spending continues, you aren’t left financially exposed.

Fort Lauderdale Postnuptial Agreements: How to Bring It Up With Your Spouse

Creating a Fort Lauderdale postnup can help establish open lines of communication between spouses. At the same time, bringing up the topic can feel awkward and uncomfortable, especially if your spouse’s spending is a problem. Here are practical ways to approach it and prevent potential arguments:

• Frame a postnup as providing clarity on financial matters, rather than as punishment for your spouse’s spending.
• Cite specific concerns about finances rather than making broad accusations, which will only make your spouse defensive.
• Encourage your spouse to review the postnup with their own lawyer, which strengthens its enforceability in court.
• Avoid pressuring your spouse to sign, which could be seen as coercion, making your postnup invalid in court.

Keep in mind that a Fort Lauderdale postnuptial agreement can help protect your assets, but it won’t resolve the underlying problems in your marriage. Consider financial counseling, which can help in dealing directly with your spouse’s spending habits.

Contact Our Experienced Fort Lauderdale Postnuptial Agreement Lawyer Today

A spouse’s spending habits can create real havoc in a marriage. A Fort Lauderdale postnuptial agreement protects you financially and helps set reasonable limits.

At Vanessa L. Prieto Law Offices, we provide the caring, practical legal guidance you need in this situation. Call or contact our experienced Fort Lauderdale postnuptial agreement lawyer online today to request a consultation.

Sources:

flsenate.gov/Laws/Statutes/2024/61.079

flsenate.gov/Laws/Statutes/2024/61.075