Saturday, October 3, 2015

Florida Supreme Court Strengthens Waiver Rule in Prenuptials

From Daily Business Review:

The Florida Supreme Court got a collective cheer from divorce lawyers who represent the wealthier spouses in fights over prenuptial agreements.

Resolving a dispute among the districts, the high court made it easier for divorcing spouses to claim individual assets through a prenup. The justices said if the document shows one spouse's intent to waive all interest in the other spouse's assets, when the marriage ends the disadvantaged spouse can't break the prenup and share them.

The unanimous Sept. 10 ruling in the case of a Palm Beach County couple means ex-wife Diane Hahamovitch walks away with the $1.9 million the prenup promised her. Ex-husband Harry Hahamovitch, a mortgage broker and financial planner, gets to keep everything he acquired during the couple's 22-year marriage.

The ex-wife argued their 1986 agreement didn't specifically refer to the enhanced value of the husband's property due to marital labor or funds. Also, it didn't state the husband's earnings would be considered his separate property.

But the justices agreed with the Fourth District Court of Appeal that the phrasing was so broad, a few missing magic words didn't matter.

Read more here.

https://lawprofessors.typepad.com/family_law/2015/10/florida-supreme-court-strengthens-waiver-rule-in-prenuptials-.html

Antenuptial (postnuptial) Contracts | Permalink

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