Trusted Tampa prenup attorneys with nearly 20 years of experience.
If you’re entering marriage with substantial wealth, a generic prenup won’t do the job. Family businesses, investment portfolios, multiple real estate holdings, trust interests, and inherited assets each carry their own valuation and disclosure issues. The work of drafting a high asset prenup is less about checking boxes and more about anticipating what your finances will look like in ten or twenty years. At The McKinney Law Group Family & Divorce Lawyers, our Tampa, FL prenup lawyer builds agreements designed to hold up under that kind of scrutiny. Schedule a consultation to discuss your situation.
What a High Asset Prenup Should Address
The biggest issue in high asset cases is appreciation. An asset that’s separate when you marry can take on a marital character if it grows in value because of efforts during the marriage. A pre-marriage business that doubles in size while you run it day to day during the marriage. A rental property purchased before the wedding that’s improved with marital funds. A premarital investment account that gets actively managed by a spouse. Florida courts look closely at active versus passive appreciation, and a well drafted prenup defines how each category gets treated before there’s anything to argue about.
Trusts add another layer. Discretionary trust interests, beneficial interests in family limited partnerships, and dynasty trusts created by parents or grandparents often need specific carve-outs. Inherited wealth needs the same treatment, especially when receipts are likely to occur during the marriage rather than before it.
Couples with significant compensation packages may want to combine elements addressed in executive prenups with broader asset protection. The growing popularity of these agreements is captured in recent prenup statistics, and the cost of a high asset prenup reflects the additional drafting and disclosure work involved. LGBTQ couples with substantial wealth may also want to review LGBTQ prenups for considerations specific to their planning.
Disclosure and Enforceability
Florida law requires fair and reasonable financial disclosure for a prenup to hold up. With high net worth couples, that means more than a list of accounts. Business valuations, partnership agreements, K-1s, trust documents, and appraisals of real estate and unique assets all become part of the disclosure record. Cutting corners here is one of the fastest ways to lose an agreement in court. A Tampa prenuptial agreement drafted for a high asset client builds disclosure into the process from the beginning and documents it carefully.
Why Choose The McKinney Law Group Family & Divorce Lawyers
Our founder, Damien McKinney, has handled prenuptial agreements in Florida since 2006. He’s been named a Super Lawyers Rising Star every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016, an honor reserved for the top 5% of Florida attorneys. He serves on the Florida Bar Family Law Section. When you hire our Tampa prenuptial agreement lawyer, you work directly with an attorney who has nearly two decades of experience drafting agreements that protect substantial wealth.
Florida Legal Resources
Prenuptial agreements in Florida are governed by Section 61.079 of the Florida Statutes, the Florida Uniform Premarital Agreement Act. The statute sets out enforceability standards, disclosure requirements, and grounds for challenging an agreement. The Florida Bar publishes consumer guides on family law, and Florida Courts Self-Help offers public information on procedures. High net worth couples reviewing trust and gift planning may also want to consult IRS guidance on estate and gift taxes for context on how transfers are treated.
Schedule a Consultation
You spent decades building what you have. The agreement protecting it should reflect that. Our Tampa, FL prenuptial agreement lawyer will review your situation and explain your options. Contact us today.