A prenup, a postnup, a will, a living will, and a trust all walk into a bar.

Know what happens next?

They all order a dry martini, and they all use the rights conferred upon you by law to direct your assets and liabilities in a way that mirrors your intentions and ensures your own and/or your family's welfare when these legal documents are optimally drafted. 

But some of these legal instruments are suitable for death and some are suitable for divorce…but there can be overlap in how you orchestrate your instruments for the best financial results.

Divorce and death both involve your departure from your partner, and both divorce and death

trigger Florida laws involving your assets that may or may not serve your best interests or the optimal interests of your family's welfare. Divorce and death both initiate the reassignment of assets and liabilities.

If you do not make your intentions known through a legal instrument such as a will or a prenup, then the state will make those decisions for you in probate court or in family law court (i.e., “divorce court”).

The Florida Bar has made plenty of will-related information available, including a form known as an advanced medical directive, otherwise known as a "living will" that indicates your preferences for medical treatment in extraordinary health circumstances when you cannot speak for yourself to make your wishes known. Your advanced medical directive usually names a medical power of attorney who can make life-or-death medical decisions for you when you are unable to act on your own behalf; often people choose their spouse as the medical power of attorney, but some people instead choose a parent or friend who shares a similar viewpoint regarding end-of-life issues. 

At JustPrenups, we think people are best served by visiting an estate attorney after executing the prenup and getting married. Just like your prenup needs a pro, so does your will. A couple also may act in their best interest (and their heirs' best interest) if they visit an estate attorney before making a real estate purchase together if they are not yet married. An estate attorney can assist with ensuring your intentions are secured into the future. This attorney can help with the most tax savvy approach.

Anyone rendering law services must be a professional pessimist. To that end, we imagine a parade of horrible things that are possible, albeit unlikely, and then we draft the right instrument to get the best outcome. That is why we think executing a will, or at least checking on the status of your existing or former will, is critical after executing a prenup or a postnup. 

Courts follow the most recently executed document because a judge can reasonably deduce that the most recent statement of your desires, as opposed to an older statement, is more in tune with your current intentions and current circumstances.

Don't forget one of our favorite instruments: a trust. Just like a prenup, a trust is not only for wealthy people. Ultimately a trust is simply another tool like a hammer or a wrench, and the tool doesn't care if you make millions a year or if your income reflects the national average. A trust is similar to a will in helping you to direct your assets to the intended beneficiary.

If you have concerns about marriage as it affects your medical coverage, please read our here about using a postnup (postnuptial agreement) to manage healthcare costs.

Want more help? We have a huge crush on AARP, and you should too, regardless of your age. Check out AARP's information, including its Florida-specific pages, on these topics.