Each year it seems the divorce rate in the United States is getting higher and at present, in 2016, US census shows it hovering near 50% after 20 years of marriage. It also shows a relatively new phenomenon called Gray Divorce, that is couples over the age of 55 divorcing after many years of marriage. In fact, in the 2010 census, 1out of every 10 divorces involved couples 65 years and older with over half being first time marriages.
With all the social media available to people today, this kind of information is readily available and easily food for thought. “Could it happen to me” becomes a real question. Just in case, “what can I do to prevent my spouse from getting what, in my opinion, should be mine?” Issues such as life insurance, marital home, retirement plans, alimony, assets, debts, and savings become important. And, sometimes a couple may prefer to settle these issues themselves rather than take a chance should a divorce become necessary. For, unless things can be handled at a mediation (now required in Florida before a judge will hear the case) in a courtroom the judge, not you or your attorney, will decide how these issues will be settled.
Other reasons a married couple may want a postnuptial agreement can include health issues which could become terminal, acquisition of assets one of the spouses wants to be sure stays with them such as land, a boat, or a family business, or to protect children of a former marriage or relationship from becoming disinherited should their parent become deceased, and/or wavier of interest in the homestead property. As mentioned earlier, each case will have its own set of needs and concerns and most certainly a well qualified and experienced attorney like Attorney Gisondo will be required to sort it all out.
