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What is a prenup, and why would I want one?

A prenuptial agreement, also known as a premarital agreement or a prenup, is an agreement between two prospective spouses as to the management, control, and division of assets and debts in the event that their marriage to each other ends in a divorce.

Prenuptial agreements aren’t just for the rich and famous. If you have any type of assets prior to getting married, a prenup will ensure that you don’t lose what you earned before marriage. Common assets that you can protect with a prenup include:

• Inheritances and rights of children from prior relationships
• Property purchased or inherited before the marriage
• Property expected to be received as part of a future inheritance
• Savings accounts
• Investments
• Retirement accounts and pensions
• Insurance policies
• Sentimental items and heirlooms

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There’s a lot of conflicting information out there about military divorce. Higher divorce rates among military couples have always been rumored, but the evidence is sparse, and more research is needed. One thing guaranteed in a military divorce is that you will run into issues that civilians never face. A few of the most common issues military members face when divorcing are:

• How to split a military pension.

The federal government considers a military pension to be a marital asset and allows state courts to treat it as such when deciding how to divide marital property.  (more…)

Fathers have the same rights as mothers in Florida. Under the law, neither fathers nor mothers have any presumptions for or against them when it comes to their children.

But judges are human, and humans have biases. Judges will sometimes rely on their prejudices rather than the evidence presented to them. As a result, you may receive an unfair outcome, even though Florida law establishes a policy against discrimination.

Here are a few of the rights you should expect as a father in Florida.

Legal Custody

“Legal custody” describes the right to have a voice in decisions affecting the child. Legal custody includes decisions about the child’s religion, activities, education, and medical care.

Florida law does not mandate joint legal custody. But in most cases, a father should be able to receive joint legal custody.

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Divorces are never easy, but when property and assets are involved, things can get very confusing. One of the most common questions we get asked by our divorce clients is about how their assets will be divided.

The idea that all money, accounts, property, and other assets acquired during the marriage will be split 50/50 is outdated. While the 50/50 split may be where judges begin when deciding how to divide assets, splitting right down the middle isn’t always the most equitable distribution plan.

Marital vs. Nonmarital Property

Only assets that are deemed marital may be divided in a divorce here in Florida. The first thing that must be decided is which properties and assets are considered marital, and which are not. Any property or assets gained before the marriage are usually considered nonmarital unless both spouses contributed to an increase in value of the asset during the marriage. For example, if a man owned a bank account from before he was married and throughout the entire marriage, he was the only one who made deposits to the account, then that asset is considered nonmarital. However, if his new wife makes deposits to the account during the marriage, the account then becomes a marital asset.

However, some assets aren’t so cut and dry. For example, if a woman owned her own business valued at $50,000 before getting married, and that same business is valued at $90,000 during the divorce, then the husband may be entitled to part of the $40,000 increase in the business’ valuation. (more…)