A prenuptial or postnuptial agreement can relieve anxieties and fears for couples who have decided that one partner should be the stay-at-home parent. A family with a stay-at-home parent must consider support issues for their future planning, especially since Florida is a state that has considered alimony reform. As of this publication, Florida does not have alimony reform, as Governor DeSantis vetoed this measure, which passed through the legislature for a third time on June 24, 2022. Former Governor Scott vetoed similar alimony reform bills in 2013 and 2016. Since alimony reform will likely be revisited in Florida, stay-at-home parents and their partners must make their intentions for the future known on paper. 

While no one enters a marriage already assuming divorce, everyone should be a realist and a pragmatist for the same reason you should look both ways before crossing the street. Both spouses should confront the possibility of alimony becoming a destructive force in either person’s life (i.e., getting too little to sustain one’s usual lifestyle or paying so much that one’s quality of life is compromised).

The stay-at-home spouse gives up the most essential, productive, game-changing years of working, including years spent building the foundation of one’s career, promotions, making contacts, developing networks, creating a resume that translates into increasing salaries, and commanding the most money. While the stay-at-home parent is focused on caretaking, the work world is changing, and employers continue to have new technological expectations of workers every year. Remember that the stay-at-home parent gives up all, or a substantial portion, of benefits, retirement, and income that includes raises and bonuses that would have occurred had the person remained in the workforce.

In addition, the stay-at-home parent often loses the chance to build one's own business. Even if the stay-at-home parent succeeds in creating a business, the revenue is unlikely to match what is possible without the full-time hours of being a caretaker.

If you, your spouse, or your fiancé intends to be a stay-at-home parent after divorce, your prenup or postnup must be drafted to include the ex-partner’s future earnings as alimony to sustain the stay-at-home parent, regardless of whether that parent eventually returns to the workforce. Even if stay-at-home parents go back to work after the divorce, they are usually earning at a substantially lower rate after time off from careers.

Besides agreeing on alimony provisions, couples should decide on assets for the stay-at-home parent. Your prenup or postnup should clarify if the stay-at-home parent and children will remain in the marital home. Other basic considerations should include drafting to maintain beneficiary status for the stay-at-home parent, despite divorce, and what will happen if either parent encounters illness or disability that could interfere with providing financial support or caretaking. Other considerations can be more complex and particular to your resources, such as whether one spouse will provide for the education or training for the stay-at-home parent to return to the workforce at an improved pay rate.

JustPrenups can assist with either a prenup or a postnup. We walk both partners through the relevant considerations for families with a stay-at-home parent. Our process is designed to be thorough without overwhelming you and to create layers of protection in maintaining the validity of your agreement.

Your first consultation is free so that you have a chance to meet us and to discuss your needs.

Warning: All posts on this website and its partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. This information is not legal advice and should not be treated as such. This blog post does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm or between the reader and JustPrenups.com.