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Questions to Ask Before You Tie the Knot

You are getting married. These are questions you should ask before you tie the knot:

• How are we going to maintain our bank accounts?
• Are we going to share all our monies?
• Do I have assets that I want to keep for myself?
• Do I have real property that I want to keep in my name only?
• Do I want my spouse to inherit my assets if I die?
• Do I know all the assets and liabilities of the person that I am marrying? Do I know their net worth?
• What rights can my future spouse waive?

A future spouse can waive:

• The right to receive alimony.
• The right to claim an interest in separate, non-marital property of the other including active or passive appreciation.
• The right to claim an interest in the income earned by the other party during the marriage.
• The right to claim an interest in retirement plans of the other party.
• The right to the elective share or any other interest in the estate of the other.

A future spouse cannot waive:

• The right to temporary support, suit money, and temporary attorney’s fees.
• The right to seek child support.

If you have substantial assets that you want to protect in the event of divorce, you need to seriously consider whether you should have an attorney prepare a prenuptial agreement for you. By having a prenuptial agreement prepared, you can protect your assets in the event of an Orlando divorce. Otherwise, your spouse will claim fifty percent of all marital assets from the divorce and request alimony.

All assets you have prior to the marriage that you keep segregated are nonmarital assets. All inheritance or gifts you receive during the marriage that you keep segregated are nonmarital. However, any nonmarital monies, gifts, or inheritance that are commingled are marital. All monies you make during the marriage are marital monies. All contributions you make to retirement accounts during the marriage are marital. All active appreciation on nonmartial assets are marital.

Do you have any of the above assets that you want to protect in the case of Orlando divorce?

If you are getting married and have concerns regarding protecting your assets if you should divorce, you may want to contact Ann Marie Giordano Gilden, P. A. at (407)732-7620 for an initial consultation to discuss the matter.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.