prenuptial and postnuptial agreement Tampa FL

The Case For Prenuptial Agreements

The Case For Prenuptial Agreements

Lisa Hochstein and Lenny Hochstein have been plastered all over different entertainment news sources in Florida lately since their contentious and messy divorce went public last year. Most recently, a podcast run by lawyers known as The Bravo Docket has taken a closer look at the court filings during the divorce proceedings. The members of this docket examine the prenuptial agreement that both parties signed, including information stating that if the divorce goes south within three months of getting married, Lenny Hochstein is legally obligated to transfer his wife $125,000. This number continues to go up if they are married for longer periods of time. $250,000 will be paid to her for one year of marriage and $1.5 million will be paid to her for 10 years of marriage. 

 

Additionally, the attorneys discuss the fact that Lisa signed the prenup stating that she would vacate the home within 30 days of filing for divorce, but Lisa has stayed inside their marital home with their young children for much longer. Lenny is arguing that this should not be the case since she filed a prenup stating she would vacate their marital home, but she is arguing that circumstances have changed since they have children together now and that it would not be in her kids’ best interests to vacate the family home. As of now, Lisa still remains in the home.

 

Why Prenuptial Agreements Are So Important For Marriage

 

It can feel like you are jinxing your marriage if you start out by signing a prenuptial agreement. This is far from the truth, though. Prenuptial agreements can outline what happens in the event of a divorce but they can also outline certain duties, responsibilities, and expectations during the course of a marriage. Romantic? Not necessarily. Practical? Very. Your St. Petersburg, FL divorce lawyer knows that a prenuptial agreement should: 

 

  • Have a plan in place for your spouse in the event that you pass before they do (and vice versa).
  • Determine which spouse will have ownership over different assets and heirlooms.
  • Detail who has power over a business.
  • Detail what happens if you have an inheritance that you want to leave behind for your kids. 
  • Discuss what happens if you have kids who are from a former partner or marriage. This can ensure that they are protected in the event of a divorce from their current spouse.

 

If you try to go into your marriage with no prenup or a prenup that you and your spouse did on your own (without the help of lawyers), The McKinney Law Group knows that this can be a recipe for disaster. It is crucial that you have your affairs in order when you are getting ready for a legally binding agreement like marriage so that if something terrible happens (healthwise) or your marriage goes south, you have comfort in knowing that you were prepared. Reach out to your lawyer when you want to create a prenup or when you want to talk about how your prenup will affect your divorce.