Law Offices of Barry I. Finkel, P.A.
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Property Division Archives

Can a postnuptial agreement make property division easier?

For several years, postnuptial agreements have become increasingly popular in Florida and other states. Couples decide to enter into these agreements for several reasons. In some cases, they may be experiencing marital trouble and want the agreement to set forth each spouse' duties and obligations. Other times, couples want a postnuptial agreement in place to assist with property division in case divorce or separation becomes a reality.

You can commingle your home

Most of the time, when you hear people talk about commingled assets, they are referring to bank accounts and financial assets. For instance, one spouse may have $50,000 in a bank account when the two get married, but they spend the next five years putting both of their paychecks into that account and using it for joint expenses. That commingles the assets and means the entire account is now marital property, even though the spouse who opened it initially may well remember having the $50,000 to start.

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