Can a Prenup Cover Future Inheritances in South Florida?

Creating a well-written prenuptial agreement is an important part of pre-marital planning in South Florida. It’s especially important if you are expecting a large inheritance in the future. In a divorce, each spouse retains their own separate property and must agree on how to split their marital property. Under Florida law, inheritances are considered separate property, however, depending on how the inheritance is used or invested, it could be transformed into marital property. Having a prenuptial agreement can establish a contract, rules, and expectations to prevent the inheritance from switching from separate property to marital property.

Inheritance switches from being a separate asset to a marital asset through comingling. Comingling is when inheritance assets are mixed with marital assets and it is difficult or impossible to determine which assets are separate and which are marital. Following are some common examples of commingling inheritance with marital assets:

• Depositing inheritance funds into a joint account
• Using inheritance funds to purchase a home, car, or boat titled in both spouses’ names
• Using inheritance funds to pay for ongoing family expenses
• Your spouse working at a business that you inherited or providing childcare while you work at a business you inherited
• Your spouse financially contributing to home expenses (e.g. décor, furniture, utilities, etc.) in a home that you inherited

By working with an attorney that has extensive experience drafting premarital agreements, like the attorneys at Troy Legal, you can learn the specifics of what you have to do to ensure your future inheritance stays as separate property. Additionally, your prenuptial agreement can address specific situations that may arise once you receive your inheritance, such as living in an inherited home, asset appreciation, working in an inherited business, etc., to protect your inheritance in the event of a divorce.

For your prenuptial agreement to be valid, it needs to be in writing. Both you and your fiancé should have separate legal counsel and should negotiate and sign it well before the wedding; this can help prevent it from being invalidated on the grounds that it was signed under duress. Both parties need to fully disclose all of their finances, including anticipated future inheritances. Hiding assets can invalidate the prenuptial agreement as well. The agreement also needs to treat both spouses fairly. A one-sided agreement is likely to be overturned by the courts even if both spouses signed it.

A Florida prenuptial agreement can protect your future inheritance and much more. If you are engaged, contact the compassionate and experienced attorneys at Troy Legal to draft your premarital agreement so you can start your new life together with legal protections and emotional peace of mind.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.