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Breaking News Regarding Prenuptial Agreements

Hahamovitch v. Hahamovitch, 40 Fla. L. Weekly S477 (Sept. 10, 2015)

Issue: Where a prenuptial agreement provides that neither spouse will ever claim any interest in the other spouses property, and states that each spouse shall be the sole owner of property purchased or acquired in his or her name, and contains language purporting to waive and release all rights and claims that a spouse may be entitled to as a result of marriage, do such provisions serve to waive a spouse’s right to any share of assets titled in the other spouses’ name, even if these assets were acquired during the marriage due to the parties marital efforts or appreciated in value during the marriage due to the parties marital efforts?

Supreme Court Answered: Yes. The Supreme Court affirmed the Fourth District Courts conclusion that the language of the agreement was broad enough to waive the Wife’s right to any asset titled in Husband’s name that was acquired during the marriage or appreciated in value due to marital income or efforts during the marriage.

For assistance regarding prenuptial agreements, please contact the Law Office of Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. in Lake Mary, Florida at 407-732-7620, or visit the firm at www.AnnMarieGildenLaw.com.

The information provided in this article is solely for informative purposes, and is not to be considered as providing legal advice, and does not establish any attorney/client relationship.