Can A Postnuptial Agreement Protect You From A Cheating Spouse In Fort Lauderdale?
Infidelity changes everything. Maybe your spouse cheated once and promised it would never happen again. While you may be willing to forgive them for the sake of your marriage, you also don’t want to be taken advantage of.
In Florida, a postnuptial agreement provides peace of mind and protects your rights and financial interests if another indiscretion occurs. Our Fort Lauderdale family attorney explains how to use a postnup to set clear expectations and consequences.
How A Fort Lauderdale Postnuptial Agreement Can Address Infidelity
Under Chapter 61 of the Florida Statutes, you can create a postnuptial agreement in Fort Lauderdale any time after marriage. It can be especially helpful if you are dealing with the aftermath of an affair, as you can include terms that kick in if your spouse cheats again.
Ways a Florida postnuptial agreement can address infidelity include:
- Financial Penalties: If your spouse engages in another extramarital affair, the agreement may call for a lump sum payout or increased alimony.
- Asset Division: Your postnuptial agreement can require a more favorable property split if future infidelity happens.
- Waiver of Rights: It can require your spouse to waive specific claims, such as a share in your business or retirement accounts, if they break the agreement.
- Lifestyle Clauses: While “infidelity clauses” may not always be enforceable, including clear language about expectations can still influence settlement negotiations and show intent.
While a postnuptial agreement can’t control personal behavior, it can set legal and financial consequences that make cheating a more serious risk for your spouse.
What to Know Before You Draft a Fort Lauderdale Postnup After an Affair
Infidelity is one of the most painful things that can happen in a marriage and represents a profound betrayal of trust. However, it is possible to remain together and move on.
A Fort Lauderdale postnuptial agreement can help. Here’s what you need to know about creating one:
- Hire Your Own Attorney: Each spouse should have separate legal counsel to avoid claims of coercion or conflict.
- Be Transparent: Both parties must fully disclose all assets, debts, and income. Hiding money can invalidate the agreement.
- Be Specific: Vague language won’t help you later. Spell out what counts as “infidelity” and what happens if it occurs.
- Avoid Unenforceable Terms: A judge may strike clauses that involve parenting decisions or anything seen as punitive.
- Update As Needed: If your circumstances or financial situation change, the agreement may need to be revised.
The Broward County Family Court generally upholds postnuptial agreements, as long as they’re fair, clearly written, and voluntarily signed.
Get Trusted Legal Guidance From Our Experienced Fort Lauderdale Family Attorney
Dealing with a spouse’s affair can be devastating. If you are committed to saving your marriage, a Fort Lauderdale postnuptial agreement can protect your assets and reduce the risk of being blindsided again.
The Law Office of Sandra Bonfiglio offers caring support and the trusted, local legal guidance you need. To discuss your options, request a confidential consultation today with our experienced Fort Lauderdale family law attorney.
Sources:
flsenate.gov/Laws/Statutes/2011/61.079
psychologytoday.com/us/blog/loves-evolver/202401/the-truth-about-infidelity-insights-from-94943-individuals
browardclerk.org/Divisions/Family
