Sarasota Marital Agreements Lawyer
Nearly 20 Years of Florida Family Law & Including the Alimony Subcommittee That Shapes These Agreements
A prenuptial or postnuptial agreement is one of the most practical legal tools a couple can have, and one of the most frequently challenged when it isn’t drafted correctly. At Alpert Law, we’ve worked with Sarasota and Manatee County clients on these agreements since 2006. Attorney Liz Alpert served as Chair of the Florida Bar’s Alimony Guidelines Subcommittee, which means the provision most commonly contested in prenuptial agreements is one she has addressed at the state legislative level. That foundation shapes how we approach every agreement we draft or review.
Under Florida Statute 61.079, the Uniform Premarital Agreement Act, a prenuptial agreement is a written contract signed by both parties before marriage that establishes each person’s rights and financial obligations if the marriage ends in divorce or death. A postnuptial agreement serves the same function but is entered into after the couple is already married. Both documents require voluntary execution and fair financial disclosure, or an express written waiver of that disclosure, to improve the likelihood of enforcement in a Florida court. These aren’t just formalities: a court may refuse to enforce an agreement that lacks adequate disclosure or that one party can show was signed under duress or coercion.
These agreements aren’t limited to high-net-worth couples. Anyone with premarital assets, a business interest, children from a prior relationship, or significant debt has a concrete reason to consider one. We work with clients across Sarasota and Manatee County and meet in person or virtually, whichever works better for you.
Our approach is rooted in efficiency and honesty. We work to resolve family law matters through negotiation, saving our clients time and expense while bringing the preparation necessary to represent clients in court if the situation demands it. When a prenuptial or postnuptial agreement is later challenged in divorce proceedings, having an attorney who prepared for that possibility from the start can make a meaningful difference.
Call (941) 208-9352 or contact us online to schedule a consultation. We’ll meet in person or virtually, whichever works best for you.
What a Florida Prenuptial or Postnuptial Agreement Should Cover
Every agreement must be tailored to the couple’s actual financial picture. Florida Statute 61.079 permits premarital agreements to address a broad range of matters, including each party’s rights and obligations in property, spousal support, and any other subject not in violation of public policy. Attorney Alpert’s background in banking, real estate, and accounting gives her fluency in the financial structures that often appear in these agreements, from retirement accounts to business equity. In practice, well-drafted agreements typically address:
- Division of marital and separate property
- Allocation of premarital debts
- Spousal support terms, whether to allow, waive, or place a ceiling on alimony
- Protection of a family business from being classified as a marital asset
- Preservation of inheritances intended for children from prior relationships
One important limit: child support, parental responsibility, and timesharing can’t be waived or predetermined in a prenuptial or postnuptial agreement under Florida law. Those matters remain subject to court determination at the time of any dissolution, based on the circumstances then. An agreement that attempts to predetermine custody or support terms may undermine its own enforceability.
Why DIY Agreements Often Fail Florida’s Enforceability Standard
Online templates are generic by design. They can’t account for the specific assets, obligations, and circumstances each couple brings to the table, and they frequently omit the financial disclosure language Florida courts look for when an agreement is challenged. Grounds for challenge under Florida law include that the agreement wasn’t signed voluntarily, that it resulted from fraud, duress, coercion, or overreaching, or that it was unconscionable when executed without fair financial disclosure. Each of those is a drafting problem before it’s a litigation problem.
We draft agreements that document disclosure properly, reflect terms both parties genuinely agreed to, and are structured to be more defensible if they’re ever questioned in court. Having independent legal counsel for each party can further strengthen enforceability and reduce the risk of a later challenge. If you’re ready to put a solid agreement in place, we’d welcome the chance to help, and you can read what our clients across Sarasota and Manatee County have said on our reviews page.
Call (941) 208-9352 or contact us online to schedule a consultation with Alpert Law. We serve clients throughout Sarasota and Manatee County and meet in person or virtually, at your preference.