How Prevalent Are Prenuptial Agreements?

An increasing number of couples are using Florida prenuptial agreements for legal protection during property division in the event of divorce or death.

According to a 2010 American Academy of Matrimonial Lawyers (AAML) article, 73 percent of divorce attorneys in a poll of AAML members indicated that they saw an increase in prenuptial agreement use during the past five years. Of that increase, 52 percent of lawyers observed that women requested the prenuptial agreement. Thirty-six percent of the lawyers saw an increase in clients wanting to include clauses regarding retirement benefits in their prenuptial agreements.

Perhaps one reason for the increase in prenuptial agreements is that many individuals divorce and later remarry. When couples have children from previous marriages, they want to ensure that legal structures are in place to provide for them, should they die unexpectedly or their marriage not last. Cultural changes have also led to greater numbers of women entering the workforce. Many are highly educated, have their own professional careers, and subsequently acquire substantial assets. This change in the nature of America’s workforce likely has been another influence on the increased use of prenuptial agreements.

For anyone considering entering into a prenuptial agreement in Florida, it is wise to consult with an experienced family lawyer to protect your rights and interests. After marriage, couples can also modify or even revoke a prenuptial agreement as long as both parties agree to the change in writing.

The Law Offices of Schwartz | White work closely with clients to draft sound prenuptial agreements that specifically address their concerns.