Couples who enter into a prenuptial agreement are hoping to save themselves a lot of arguments and uncertainty if their marriages ever, unfortunately, head for divorce. Partners who are facing a divorce later in life may hope to get even more financial protection from a prenuptial (prenup) agreement.
The dividing up of retirement plans and savings will hopefully already be agreed upon. Yet, even with a predetermined arrangement in place, one spouse can receive unfair treatment in a divorce. And prenups aren’t always followed to the letter of the law. A Tampa Senior Divorce Prenup Lawyer makes sure the terms of a premarital arrangement are followed as intended. We ensure our clients have their assets and retirement savings protected throughout a senior divorce.
Contact a Tampa Senior Divorce Attorney for a Consultation
If you are facing a divorce in your golden years and a prenup agreement is in place, make sure you understand every section of that agreement before turning over control to another lawyer or the court.
Schedule a free Florida divorce consultation with the Tampa divorce lawyers at Robert Sparks Attorneys. Our consultations are confidential and there’s no obligation. It’s a no-risk way to discover what you can expect in a divorce and how to fight to keep what’s fair even when a prenup is in place.
If you feel we can help you safeguard your rights and retain more of what you’ve worked so hard for, we stand ready to represent you. We earn fair treatment for our clients in mediated divorces, collaborative divorces, and contested divorces decided in court.
Prenups in Tampa Senior Divorce Cases
More and more senior couples are finding love and getting married in their golden years. Unfortunately, that means more partners could also eventually face divorce. With this in mind, many couples who marry in their later years are opting to enter into a prenup agreement before they say “I Do.”
Prenuptial contracts are legal agreements that are signed before a couple gets married. They usually direct how assets and debt will be distributed in the event the marriage doesn’t work out. In the event of a senior or “gray” divorce, a prenup can also determine where retirement funds are distributed, who keeps a family home, and how inheritance will be allotted.
Couples who are retired will likely have more savings built up, own more property (like a family estate), and have retirement plans in place. They can also be part of blended families with complicated family dynamics. A prenup may be a necessary option to ensure that both partners and their sides of the family keep their fair share of assets if a split happens.
The Protection and Pitfalls of Prenups in Tampa Senior Divorces
Prenup arrangements can help partners make an agreeable split without emotional confrontations or battles in court having to decide who keeps what. However, not all prenup agreements are drawn up equitably at the start, and not all prenups are enforced fairly during a divorce.
You should have a legal expert looking out for your best interests in both situations. Having a Robert Sparks Senior Divorce Attorney on your side as you consider signing a prenup is an important safeguard. You’ll also need protection in your senior years if you face a divorce governed by a prenup document. You have worked too hard to earn your retirement and savings and you shouldn’t lose everything due to someone’s misinterpretation of a legal agreement.
Prenuptial Agreements in Gray Divorce
Couples divorcing in their golden years may be counting on a prenup agreement to settle many disputes ahead of time so that a divorce can go smoothly and hopefully be over faster.
They turn to prenups to help decide where assets land in a divorce with no need for a Florida judge to step in. These and other decisions will hopefully be dealt with in a prenup arrangement:
- Property Division – Prenups are used to decide beforehand what is separate property and what is marital property. Spouses may want to protect business assets. They decide who should retain ownership of the family home.
- Debt Allocation – Deciding what debt belongs with what partner may already have been worked out.
- Retirement Savings – Couples may want to have a clear plan in place for divorce if they’ll have retirement plans and pension money at stake.
- Protecting Inheritance for Heirs – Spouses may enter a new marriage with children and heirs from a previous relationship. A prenup can make sure those loved ones receive their fair share of an estate without those assets being lost in a divorce settlement battle.
- Deciding Alimony – Spousal support will hopefully have been decided on and agreed to. However, if a prenup agreement unfairly blocks one partner from getting deserved support, our Senior Divorce lawyers look for ways to get those unfair agreements thrown out.
Speak with an Experienced Tampa Senior Prenup Divorce Lawyer
You should speak with the professionals at Robert Sparks Attorneys if you are thinking about signing a prenup agreement before you enter into marriage later in life. You need to be absolutely sure a prenup looks after your interests and provides you with as much protection as your partner in a divorce.
It’s important to know that you don’t have to face divorce or the decision to sign a prenup alone. With decades of collective experience, our Tampa senior divorce lawyers at Robert Sparks Attorneys have the knowledge of Florida divorce law you’ll need to fight for the best possible outcome in your divorce. We fiercely defend our divorce clients, especially those left vulnerable by an impending divorce later in life.
Learn more about what we can do to help you by contacting us and scheduling a divorce consultation. We protect those going through divorce in Tampa, St. Petersburg, Clearwater, Dade City, and the surrounding areas.