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8 Things EVERY WOMAN Should Ask for in a Prenup 

What Should a Woman Ask For in a Prenup

When that diamond ring goes on, and wedding bells start ringing, it’s natural to be caught up in the romance and not want to think about terms like “prenup.” 

But for savvy Miami women looking to tie the knot, having an open conversation and putting a prenuptial agreement in place can set expectations, protect assets, and prevent future conflict if the relationship goes south down the road.

At Vasquez de Lara Law Group, we’ve worked with hundreds of women across Miami looking to safeguard their interests before taking their “I dos.” From executives focused on securing their empires to artists looking to protect their collections, we’ve seen prenups cover a wide range of needs for Florida’s diverse brides-to-be.

Based on our experience negotiating these agreements, we’ve outlined eight key provisions every woman should ask for.

#1. Premarital Property You Bring into the Marriage

A prenup allows you to clearly identify and protect any assets or debts you bring into the marriage as your separate property. 

This includes assets like:

  • Real estate or homes owned before marriage
  • Retirement accounts like 401ks and IRAs in your name
  • Investment accounts and stock portfolios
  • Jewelry, art, collectibles or heirlooms
  • Vehicles owned prior to marriage
  • Businesses you may own or have an interest in

It also covers any credit card debt, student loans, mortgages, or car loans you may hold individually. By outlining these in the prenup, you can ensure they remain your separate property, not subject to division if the marriage ends. This prevents you from losing half the value of assets you earned or acquired before the wedding.

#2. Alimony or Spousal Support

For women giving up their careers or reducing their earning potential to be stay-at-home mothers, a prenup is important to specify the amount and duration of alimony or spousal support they would receive in the event of divorce.

Rather than leave this to chance under standard alimony guidelines, you can negotiate terms like:

  • Dollar amount of monthly spousal support
  • The number of years of support will be paid
  • Salary basis support will be calculated on
  • Conditions under which support would end

This provides you the reassurance that your financial security and contributions to the family will be compensated if the marriage dissolves.

#3. Future Inheritances and Gifts

Inheritances and substantial monetary gifts are usually considered separate property as long as they are kept as individual assets, not commingled with marital funds. However, it can become complicated when gifts are used toward family expenses like a home purchase or tuition payments.

To prevent any disputes, a prenup should specify that inheritances, family gifts, trusts, will disbursements, and other endowments remain separate property no matter how they are eventually used. This protects your interests in family money and prevents commingling arguments down the road.

#4. Equitable Property Division

It’s common for substantial assets like family businesses, real estate investments, or stock portfolios to grow significantly in value during a marriage. Without guidance in a prenup, you may not receive a fair share of this appreciation when dividing property.

Make sure your agreement accounts for how assets like these would be divided if the marriage ends. For example, rather than splitting the current value 50/50, you may choose to define a separate property interest based on the value at the time of marriage. This ensures you benefit equitably from the hard work invested during the relationship.

#5. Infidelity Clauses

No one enters a marriage expecting infidelity. However, it’s a sad reality for many couples. To protect yourself from the financial impact, consider including infidelity clauses in your prenup, such as:

  • Increased alimony payments if your spouse is unfaithful
  • The larger share of marital property or assets should infidelity occur
  • Consideration of infidelity when determining spousal support

Rather than an accusation, these provisions can provide important leverage and compensation for women who experience the misfortune of a partner’s unfaithfulness down the road.

#6. Intellectual Property Rights

For creative, entrepreneurial, or professional women, a prenup should protect your intellectual property rights in things like:

  • Books, articles, or blogs you author
  • Artwork, music, or other creative works
  • Startup companies you founded or helped build
  • Client lists, branding, or trademarks
  • Revenue streams related to your IP

Make sure you retain exclusive individual ownership and control over these assets rather than allowing them to become jointly owned marital property.

#7. Debt Protection

Beyond protecting your own assets and debts, a prenup gives you the chance to limit financial exposure from your partner’s obligations as well. You can specify that you will not take on any tax liens, student loans, credit card balances, or other debt in your spouse’s name during marriage. This prevents you from later being saddled with unmanageable shared debt should the relationship not endure.

#8. Sunset Provisions

You always hope marriage will last forever. However, people and circumstances inevitably change over time. To avoid feeling locked into outdated prenup terms indefinitely, the inclusion of a “sunset provision” can give peace of mind.

This establishes an expiration on certain terms after a set period, like 7-10 years. For example, spousal support and property division clauses could expire and revert to standard state guidelines after this initial milestone period. This allows revisiting terms down the road, making adjustments based on life changes, and preventing lingering resentment over decade-old agreements.

Consult a Florida Family Law Attorney

And lastly, the most important provision — seeking independent legal counsel before signing any prenuptial agreement. Bringing in an experienced family law attorney protects you and ensures terms are balanced, equitable, and enforceable down the road.

Never just sign a prenup put in front of you. Meet with a prenup lawyer ahead of time to understand your rights in Florida, negotiate terms in your favor, and modify provisions that may be overly one-sided or potentially unenforceable. The cost is well worth it for the peace of mind and financial security.

Marriage is an exciting milestone filled with optimism. But it can also represent a tremendous financial risk for women if relationships fail down the road. Taking the time to put a prenup in place sets expectations, protects your assets, and prevents contentious battles over finances if you end up facing divorce.

Here at Vasquez de Lara Law Group, our attorneys have extensive experience in negotiating prenuptial agreements that uphold women’s interests in Florida. If you’re considering marriage or have been presented with a prenup, contact us today to discuss your rights and options and ensure you enter matrimony protected.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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