Legal Question in Family Law in Florida

I am located in Florida and getting married in October. I am wondering how to protect my assets, 401k, inheritances and home before I wed without a prenup. Thank you, Brandi


Asked on 8/19/19, 7:14 am

2 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

This is not a question that can be answered online and simply. Without a prenup there are things you can't protect and things that you can . . . . but you should sit down with a family lawyer to learn what you need to know.

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Answered on 8/19/19, 7:40 am
Robert McCall Law Office of Robert McCall

Too broad and general to attempt. Generally under Florida's Equitable Distribution rules:

401K- status magically changes on date of marriage; what is in the fund before marriage remains your sole property. Any additional to principal or earnings may be considered marital property,

Inheritance- May remain sole property unless comingled with other family assets,

Home- may remain sole property but lots of exceptions and traps.

ALL of the above is subject to changes in statute by the Legislature or US Congress.

Best recommendation is to see an experienced local attorney or Tax specialist.

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Answered on 8/19/19, 11:23 am


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