What Should You Do Before Signing a Spousal Support Waiver in Florida?
Before you sign a prenuptial agreement, or “prenup,” with a support waiver in Florida, it’s essential to understand exactly what you’re agreeing to and how it might affect your future. A prenuptial agreement is a legal contract that couples agree to before they marry, often to define how financial responsibilities will be handled in the event of divorce. One of the most significant provisions in a prenuptial agreement can be a support waiver, which determines whether either spouse can claim alimony after a divorce. The best way to protect your interests is by talking to an Orlando family law attorney.
Understand the Impact of a Spousal Support Waiver
According to Florida Statute 61.079, a support waiver means you are agreeing to give up your right to seek alimony, or spousal support, in the event of a divorce. Alimony is money one spouse may be required to pay the other following the end of a marriage. By signing a waiver, you may be giving up the right to receive any support, or you might be limiting the amount or duration of support you could receive. Know your rights, get legal advice, ensure full disclosure, consider future changes, never rush.
You must consider your own financial situation, now and in the future. For instance, if you plan to take time off work for childcare, face unexpected health issues, or make other sacrifices during the marriage, waiving support could leave you financially vulnerable. Florida courts generally uphold these waivers, but they will not enforce them if they result in extreme hardship or are deemed unconscionable at the time of enforcement. Always think about your long-term needs, not just your current circumstances.
Get Independent Legal Advice from an Orlando Family Law Attorney
Before signing any prenuptial agreement, both parties should have their own attorneys. Do not rely on a single lawyer to represent both you and your partner, as this can create a conflict of interest. An experienced Orlando family law attorney can review the agreement, explain its terms, and ensure that your rights are protected.
Ensure Full Financial Disclosure and Take Your Time
For a prenuptial agreement to be enforceable in Florida, both parties must fully and honestly disclose their financial situations. This includes what is owned, what is owed, income, and other financial information. If either party hides information or fails to disclose everything, the agreement could be thrown out by the court.
Never rush into signing a prenuptial agreement. Take the time to review all documents, ask questions, and discuss any concerns with your attorney. Signing under pressure, especially right before the wedding, can make the agreement appear suspicious and easier to challenge in court. Make sure you are comfortable with every aspect of the agreement before you sign.
Florida Courts and the Enforceability of Support Waivers
While you can waive or limit alimony in a prenuptial agreement, Florida courts retain the authority to review these clauses for fairness. If a waiver left one spouse in dire financial straits or if there was fraud, coercion, or lack of full disclosure, a judge can invalidate or modify the agreement. Courts look at whether the agreement was entered into voluntarily and whether both parties had access to independent legal counsel.
Before signing a prenuptial agreement with a support waiver in Florida, make sure you fully understand your rights, ensure full financial disclosure, and never sign under pressure. Protect your future by making informed decisions and working with an experienced attorney. Call 407-644-2466 to speak with an experienced Orlando family law attorney at the Rivas Law Firm.