Mediating Premarital Agreements: Planning For Divorce, Death Or Incapacity

A prenuptial agreement is a contract between consenting spouses that preserves the status quo and streamlines proceedings in the unfortunate event of divorce. “Prenups” can also provide protection and clarity for other life events, such as a spouse’s death or disability.

Premarital or postnuptial agreements can be useful:

  • When dual-income couples wish to keep assets and accounts separate
  • When one spouse brings significant assets to the marriage
  • To protect inheritance rights of children from a prior marriage
  • To anticipate health care issues and estate matters
  • To specify how assets will be used or debts paid upon incapacity
  • To spell out distribution of assets in divorce or upon death
  • To provide for a financial settlement or postmarital support
  • For assets acquired after marriage (business, inheritance, lawsuit settlement, etc.)

Attorney Beth G. Reineke is well-versed in prenuptial agreements and postnuptial agreements. She is a Board Certified Emeritus specialist in divorce and family law and certified as a mediator by the Florida Supreme Court. She mediates with couples throughout the Tampa Bay Area who are contemplating premarital agreements.

Experienced St. Petersburg Prenup Attorney Mediator

Assets titled to one spouse may still be subject to equitable distribution in divorce or subject to the Florida laws of succession in the event of death. A properly drafted prenuptial agreement identifies separate property that belongs to each spouse (such as a house or business owned prior to marriage), and clarifies what the spouse and other heirs would receive in case of death. These issues get tricky when the value of assets appreciate during the marriage or when separate assets are commingled or enhanced by community funds. There is no substitute for the knowledge of a divorce attorney who has practiced in Florida for more than 20 years.

Beth Reineke can carefully construct your prenuptial/postnuptial agreement to withstand legal scrutiny and make sure that both spouses are “on the same page.” The agreement may address:

  • Assignment of specific assets
  • Terms of divorce settlement
  • Responsibility for debts and loans
  • Obligations toward college funding
  • Lump sum settlements or alimony payments
  • Waiver of spousal support
  • Provisions for nursing home care
  • Heroic measures and end-of-life care
  • Access to health records, legal documents, etc.
  • Authority over accounts, transactions, etc.
  • Who inherits what (spouse, children, relatives)
  • Funeral arrangements and burial/cremation

Premarital and postmarital agreements can be as simple or complex as necessary to meet your goals. Premarital contracts, however, cannot dictate terms of child custody or child support in divorce — only the family courts have dominion over those matters.

Ms. Reineke assists spouses in determining the terms of the agreement, including scenarios foreseen from her years of experience. She provides guidance regarding mandatory financial disclosures and other compliance. Once the terms are agreed and the statutory requirements are met, she prepares the prenuptial agreement for you.

Are You Considering A Premarital Or Postmarital Agreement?

Whether this is a first, second or third marriage, there are great benefits to premarital planning. Contact us online or call 813-205-6675 for a free phone consultation. Tampa prenuptial agreement lawyer Beth Reineke welcomes clients throughout the Tampa Bay Area.