Same-Sex Marriage & the Benefits of Prenuptial Agreements

Florida has a complicated history when it comes to recognizing same-sex unions. In fact, same-sex marriage was illegal in Florida until 2015, when Federal Judge Robert Hinkle finally ruled that the ban violated the U.S. Constitution. Today, same-sex couples can enjoy all the legal rights and privileges associated with marriage. However, it’s rare for any couple, heterosexual or same-sex, to last “until death do us part.”

The Benefits of a Prenup

It’s important for a couple to consider drafting a prenuptial agreement before heading to the alter. Prenuptial agreements, or “prenups,” are legal contracts that offer many practical benefits to spouses.

Prenuptial agreements can:

  • Protect individual assets and property
  • Provide for children from previous relationships
  • Keep premarital debts separate
  • Predetermine spousal support arrangements
  • Protect your estate plan
  • Allocate property distribution

An effective prenuptial agreement can even circumvent equitable distribution and community property laws. 

The Divorce

A prenuptial agreement protects both spouses in a same-sex divorce. The court often determines alimony and property division based on spousal contributions and the duration of the marriage. Same-sex divorce is complicated because cohabitation was a couple’s only legal option prior to 2015. Even if a couple has contributed to a relationship for 40+ years, the court will only acknowledge the short duration of their marriage. This often leads to unfair asset division and spousal support arrangements.

A prenuptial agreement is the answer to this injustice.

Draft Your Prenuptial Agreement Today

The court is legally bound to follow any arrangements and specifications listed in a prenuptial or postnuptial agreement. Contact Dale L. Bernstein, Chartered Law Office if you’re ready to draft an effective prenuptial or postnuptial agreement. Our New Port Richey family attorney has over 35 years of family law experience, and can help you make an ironclad contract that best represents your interests.

Call Dale L. Bernstein, Chartered Law Office today at (727) 312-1112 to schedule an appointment.


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