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Tag Archive for: asset protection

Asset Protection Divorce Florida - Family Diplomacy | A Collaborative Law Firm

Asset Protection and Florida Divorce

December 8, 2024/in Marital Assets, Collaborative Divorce //Tags: asset protection, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, collaborative process, division of assets, equitable distribution, marital home, non-marital assets, postmarital agreement, postnup, postnuptial agreement, pre-marital assets, premarital agreement, prenup, prenuptial agreementby Adam

If you are facing divorce in Florida and have accumulated substantial assets, you may be wondering what asset protection strategies are available. Fortunately, there are some steps to consider, both before and during divorce. Florida is an equitable distribution state, meaning the law divides marital assets fairly, though not necessarily equally. Below are some methods to explore (please note that this is just an overview, and you should speak with a lawyer to determine if these apply to your situation and how to employ them):

Asset Protection Before Divorce

Prenuptial or Postnuptial Agreements.

A prenuptial agreement is signed before a marriage, and a postnuptial agreement is signed during a marriage. Both can be legally binding agreements that essentially allow you to make your own law and specify how assets will be divided and spousal support will be handled in case of divorce. These agreements must be entered into voluntarily, with full disclosure of assets, and include other elements that can help ensure that it holds up if challenged.

You can learn more about prenuptial and postnuptial agreements here.

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