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Can My Florida Postnupital Agreement Be Challenged If Me and My Wife Ever Get Divorced?



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(@mileneh)
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Joined: 2 weeks ago
Posts: 4

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This was posted in our subreddit:

 

“My wife and I signed a Florida postnuptial agreement five years ago. It waives alimony and splits all marital assets 50/50. I earn significantly more, and although she had her own attorney, that attorney advised her not to sign. Both lawyers declined to sign the agreement, but mine drafted it, and we notarized it. We each disclosed our finances at the time, and there’s no sunset clause. We’re not considering divorce, but I’m trying to understand how enforceable this document would be if it were ever challenged, especially since Florida’s alimony laws have changed and she may move to Texas in the future.

If this ever ended up in court, how likely is the agreement to be upheld? What’s the most affordable way to have a lawyer evaluate the agreement now? And what potential challenges—such as claims of coercion years later—could realistically threaten its validity?”




   

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(@sean-smallwood)
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Joined: 1 year ago
Posts: 3

 

In Florida, postnuptial agreements are generally enforceable if both parties entered into them voluntarily, with full financial disclosure, and without coercion. However, the fact that your wife’s attorney advised against signing and that both attorneys declined to sign could be potential challenges if the agreement is contested later, as it might raise questions about whether both parties fully understood the implications. Changes in Florida’s alimony laws won’t necessarily invalidate the alimony waiver, but if one spouse’s financial situation significantly changes, it could be a factor in a challenge.

To assess the enforceability of your agreement, I recommend consulting with a family law attorney in Florida who can review the document and advise on any potential weaknesses. This can be done through a limited consultation for a reasonable fee. Claims of coercion or inadequate legal advice could be the most significant challenges to the agreement’s validity, so ensuring both parties had independent legal counsel and full disclosure will strengthen its enforceability.




   

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