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Antenuptial Agreement Guides Court in Broward Divorce Terms

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Alimony, an antenuptial agreement, real estate appreciation in non-marital assets, and income calculations were among the items addressed in Weymouth v. Weymouth, Case No. 4D10-873 (FL Dist. 4 Ct. App., Apr. 11, 2012).

Highlights of the Appeals Court ruling include:

  • Passive appreciation of the Broward County home was marital property subject to equitable distribution, even though the home remained titled in the husband’s name alone prior to and during the marriage.
  • The parties should equally split the proceeds of the sale of a North Carolina property acquired during the marriage.
  • The Appeals Court agreed that adultery was the basis for the dissolution.
  • The trial court will need to reconsider the issue of the wife’s needs for purposes of alimony in light of the fact that she will need to secure alternative housing in Broward County.

Case Background

The parties were married in 1993. Shortly before their marriage, the parties executed an Antenuptial Agreement prepared by the husband’s attorney. The Antenuptial Agreement contained a schedule of all the husband’s assets and liabilities prior to the execution of the agreement.

Paragraph 3 of the Antenuptial Agreement provided that the wife would “hereby forever remise, release and quit claim all right, title and interest she might have or otherwise could have . . . to any property owned prior to marriage . . . by Michael and specifically waives any and all claim or claims which she might have in and to the real and personal property of Michael, owned prior to marriage . . . .”

Paragraph 4 provided that all “property acquired by either of them during the marriage (other than property acquired by either of them by gift or inheritance)” is marital property. The Antenuptial Agreement did not, however, contain an express waiver of growth or appreciation of pre-marital or non-marital assets.

Paragraph 11 of the Antenuptial Agreement provided that the parties “specifically waive any claims against the other for alimony . . . unless the basis for the dissolution is adultery, physical abuse, mental or emotional abuse.” Furthermore, “[i]n the event of adultery, physical abuse, or mental or emotional abuse, either party shall be able to seek alimony and support from the other pursuant to Florida law; except that adultery or abuse may not be used against the party obligated to pay alimony or support.”

A full copy of the ruling in Weymouth v. Weymouth is available on request from attorney Marcy Resnik, Esq.

Contact a Fort Lauderdale Divorce Attorney

If you have questions about a divorce or dissolution of marriage, contact Fort Lauderdale divorce attorney Marcy Resnik. You can contact her online or call her at 954-321-0176.

Hide & Seek: Divorcing Spouses Track Digital Dollars

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Couples contemplating a divorce are cautioned to speak with a divorce lawyer before they resort to electronic cyber-snooping on a spouse. An article in today’s Wall Street Journal, titled Why Hiding Money From Your Spouse Has Gotten a Lot Harder, identifies a number of ways that an angry spouse can get into legal trouble.

According to the article,

“To get an idea of just how widespread financial mischief is, consider a couple of surveys. According to the National Endowment for Financial Education, 31% of U.S. adults who combined assets with a spouse or partner say they have been deceptive about money, and 58% of these adults say they hid cash from their partner or spouse.

The numbers also confirm that technology is playing a growing role in uncovering that double-dealing. In 2010, 81% of the members in the American Academy of Matrimonial Lawyers said they had seen an increase over the past five years in the use of evidence from social-networking sites. This year, 92% said that over the past three years, they have seen an increase in the number of cases using evidence taken from smartphones.

Part of the reason electronic discovery is booming is that more people are using technology to hide assets in the first place. They set up covert business deals using text messages or social networks, for instance, or figure out ways to create cash hoards online.”

Before giving in to temptation to clandestinely become an online sleuth, talk to your attorney. There are many online research techniques that, when used properly by a skilled forensic professional acting within legal guidelines, can provide valuable insight into a spouse’s potentially illicit financial activity.

Contact a Fort Lauderdale Divorce Attorney

If you have questions about a divorce, or suspect that your spouse is hiding assets, contact Fort Lauderdale divorce attorney Marcy Resnik. You can contact her online or call her at 954-321-0176.