Many people take the practical measure of entering into prenuptial agreements prior to marrying. If their marriage ends in divorce, a party that consented to the terms of a prenuptial agreement cannot then attempt to evade them by arguing that they are vague or that the court lacks a basis for enforcing the provisions of the agreement. Rather, as shown in an opinion recently issued by a Florida court, if a court grants a party spousal support, in part due to the terms of a prenuptial agreement, it can be challenging to show that its decision constitutes an abuse of discretion. If you intend to marry and question whether you should execute a prenuptial agreement, it is smart to talk to a Miami family law attorney as soon as possible.
The Agreement in Question
It is alleged that the parties married in 2009. Shortly before marrying, they entered into a prenuptial agreement. They then separated in 2016, and in 2018 the wife filed a petition for dissolution and asked the court to enforce the prenuptial agreement. The court granted the wife temporary spousal support and post-dissolution spousal support. The husband appealed, arguing in part that the court abused its discretion in ordering him to pay temporary spousal support.
Demonstrating a Court Abused its Discretion in Granting Spousal Support
On appeal, the court affirmed the trial court’s ruling. The court noted that the prenuptial agreement provided that in the event the parties separated and filed a petition for dissolution, the husband was to pay the wife temporary support in the amount of $3,000 per month until the court issued a final judgment of dissolution. Continue reading ›