Can a Postnuptial Agreement Save Your Marriage and Your Immigration Status?

According to Florida law, you do not need to persuade the court that it is time to give up on your marriage.  Florida recognizes no-fault divorce, which means that any couple that no longer wishes to stay married can ask the court to dissolve their marriage, and the court does not need to decide which spouse is at fault for ruining the marriage before it finalizes the divorce.  Even though it is relatively easy to get divorced, there are plenty of reasons that people stay married to their spouses even when they have little hope of resolving their conflicts or having an amicable relationship.  Their religious beliefs might teach them that marriage is forever, no matter how many problems they run into with their spouses.  They might depend on their spouses financially and fear that they will live in poverty for the rest of their lives.  People who gained U.S. permanent residency through marriage to a U.S. citizen have another reason to hesitate to get divorced, namely the fear of losing their immigration status.  There are ways to protect your permanent residency status even if you divorce the spouse who sponsored your permanent residency, but in today’s political climate, where permanent residents and other immigrants are subject to arbitrary changes to the law and its interpretation, few want to take that risk.  For help drafting a postnuptial agreement that can keep the peace in your marriage until better times, contact a Boca Raton prenuptial and postnuptial agreement lawyer.

In Florida, You Can’t Be a Little Bit Married

In some states, you can officially end your relationship with your spouse while staying legally married.  A legal separation is just like a divorce, except that the parties are still married at the end.  They attend mediation and divide their marital assets and debts; sometimes one spouse even agrees to pay alimony to the other.  If the parties have minor children, they draft a parenting plan, and the court orders one spouse to pay child support to the other.  If they cannot agree on all these matters during mediation, the case goes to trial.  Couples choose this option because there is a reason they want or need to stay legally married after ending their relationship, such as one spouse having access to the other’s health insurance or retirement benefits.

Since Floridians do not have the legal separation option, the closest thing to a substitute is a postnuptial agreement.  You can designate some or all of your property as nonmarital; if you doubt whether this is legal, consider that some couples sign prenups agreeing not to own anything jointly.  Even if you do not want to divorce your spouse, a postnuptial agreement can stop your spouse from ruining your finances.

Contact Schwartz | White About Dealing With a Spendthrift Spouse

A South Florida family law attorney can help you resolve your financial conflicts with your spouse by signing a postnuptial agreement.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

pondfamilymediation.com/mediation-blog/f/can-you-legally-separate-in-florida-here%E2%80%99s-the-answer