ac August 2017 Archives | Fort Myers Family Law Blog
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August 2017 Archives

Should my prenuptial agreement address digital assets?

Prenuptial agreements are an excellent tool for clearly defining whose property is whose in a marriage. These agreements are also very useful for laying out a clear framework of expectations around how that property is to be treated both inside a marriage and in the event of divorce. In the modern age, it is important to be mindful of your digital assets when you set about creating a prenuptial agreement.

Can I change my alimony payments?

When you get divorced, it is the end of your marriage, but if you receive an alimony order, you'll still have a court-ordered relationship of some kind with your ex. Alimony is a thorn in the side of many former spouses, but in some cases, it becomes not only frustrating but downright debilitating. If your circumstances change significantly, then you may no longer be able to fulfill your alimony obligations, which is perfectly reasonable. Fortunately, it is possible to modify an alimony order if you follow proper procedures.

Separation: an option for when you are not ready to divorce

There are Florida couples who find that their romantic relationship is over, yet seeking a divorce is not the right choice at that time. In this situation, simply moving out and living apart may not be the right option, even when living together is not feasible. If you find yourself in a place where you wish to end your marriage but are not yet ready to move forward with a divorce, then a legal separation could be right for you.

Prenuptial agreements and financial behavior

Prenuptial agreements are regularly misunderstood, and often the individuals who create them believe that they are magical documents that somehow allow them to stipulate whatever they want to their spouse. However, these agreements are merely legal documents, not magic tomes, and they must respect a number of limitations to what they can dictate. One of the most commonly misunderstood areas in prenuptial agreements are those things that an agreement can dictate about behavior within a marriage as it relates to finances.

Protecting your inheritance from divorce

If you and your spouse are headed toward divorce, you may some concerns about protecting resources you received from your family. Under general divorce laws in every state, including Florida, inheritances are generally protected separately from other types of property. Whereas marital property must undergo fair division in a divorce, inheritances usually do not qualify as marital property. However, there are some circumstances that can complicate this issue.