Trusted Tampa prenup attorneys with nearly 20 years of experience.
If you’re an LGBTQ couple preparing to marry, your planning needs often look different from those of other couples. Marriage equality became federal law in 2015, but many same-sex couples were together long before that. Property accumulated during a long pre-marriage relationship, parentage questions for children born or adopted during that time, and estate planning concerns all factor into a thoughtful agreement. At The McKinney Law Group Family & Divorce Lawyers, our Tampa, FL prenup lawyer helps LGBTQ couples build prenups that reflect their actual lives. Schedule a consultation to discuss your situation.
What LGBTQ Prenups Should Address
For couples who lived together for years before getting married, the line between separate and marital property is rarely clean. A home purchased jointly in 2010, a retirement account funded throughout a long relationship, a business started together before legal marriage was an option. Florida’s equitable distribution rules apply only to assets acquired during marriage, which means a prenup is often the clearest way to define what each spouse brings in and how it should be treated.
Parentage is another area where careful drafting matters. Children adopted by one partner before marriage, children born through assisted reproduction, and second-parent adoptions all create planning considerations that a generic template won’t address. While custody and child support cannot be predetermined in a prenup under Florida law, the agreement can address related financial questions like how to handle property tied to a child’s care or education.
Estate planning concerns often run alongside prenuptial planning. A Tampa prenuptial agreement for an LGBTQ couple should coordinate with wills, beneficiary designations, and any existing trusts. Couples with significant wealth may also want to review high asset prenups, and those with complex compensation should look at executive prenups. The average cost of a prenup varies based on these factors, and the broader rise in prenups reflects how common this kind of planning has become.
Why the Right Drafting Matters
A prenup that fails in court protects no one. Florida law requires fair and reasonable financial disclosure, voluntary signing, and terms that aren’t unconscionable. For LGBTQ couples whose financial histories often span more than a decade together before marriage, that disclosure process takes care. Our Tampa prenuptial agreement lawyer builds disclosure and clarity into the process from the start.
Why Choose The McKinney Law Group Family & Divorce Lawyers
Our founder, Damien McKinney, has practiced family law 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 firm, you work directly with an attorney who has nearly two decades of experience drafting agreements designed to last.
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 and disclosure requirements. The Florida Bar publishes consumer pamphlets on family law, and Florida Courts Self-Help provides public information on procedures. The Supreme Court’s marriage equality ruling in Obergefell v. Hodges remains the foundational case for same-sex marriage rights nationwide.
Schedule a Consultation
Your relationship has its own history. Your prenup should reflect it. Our Tampa, FL prenuptial agreement lawyer will sit down with you and explain your options. Contact us today.