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.
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