Family Law Questions? Ask a Family Lawyer Online.
Sorry for the delay. I want to construct a prenuptial that will accomplish the following :
1. If the wife leaves the marriage, or files for divorce, she gets nothing.
2. If the husband leaves the wife, or divorces her, she will get 35 thousand a year alimony until l she remarries and a farm worth approximately one million dollars.
Can a agreement be constructed in this fashion ? Is it legal ?, Will it hold up in court.
In Florida, the intent of the pre-nup is to define pre-marital property and, generally, to declare that the property will not become marital property. In so doing, this property would then not be subject to equitable distribution in the event of a divorce.
Florida is a no-fault state. Meaning, it does not matter why the parties are getting divorced, they merely need to state that the marriage is irretrievably broken. In other words, the husband could have a dozen affairs or the wife could spend every bit of income and it is, for the most part, irrelevant. So, from a legal perspective, it matters not who files for divorce or why.
The second situation you described (the husband leaves the wife) presents an easier response. You indicated that the wife would receive $35,000 a year in spousal support and a property with significant value. Based on the minimal amount of information provided thus far, this could well be a reasonable result and, as such, legally viable.
The first situation you described (the wife leaves the husband) is a bit more problematic. Based on the information you have provided, the logical conclusion is that the husband has significant assets and/or income while the wife does not. Assuming this to be accurate, the wife getting nothing would only be a legally viable goal in a short term marriage. For example, if the marriage only lasted a couple years, it would not be unreasonable for the wife to receive nothing. However, if the marriage was long term, there would be a presumption in favor of spousal support. In that event, it is unlikely the pre-nup would be upheld in court.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).