Prenup/Postnup for the Stay-At-Home Mom/Stay-At-Home Dad

postnuptial & prenuptial attorney attorney near me

A prenuptial agreement or postnuptial agreement can relieve anxieties and fears for couples who have decided that one partner should be the stay-at-home parent. What happens to the stay-at-home parent who gives up a career and then faces divorce some years later? Can this parent without a relevant work history count on alimony?

Couples make their intentions for the future known on paper, especially given that alimony awards in Florida are reminiscent of the Wild West. A marital contract, whether a prenup or a postnup, is essential.

While no one enters a marriage already assuming divorce, everyone should be a realist and a pragmatist. Both spouses should relieve tension surrounding the possibility of spousal support 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 years of working, including years spent building the foundation of one’s career, promotions, making contacts, creating a resume that translates into increasing salaries, and making the most money. Remember the spouse chosen to be the stay-at-home parent gives up all or a substantial portion of benefits, retirement, and income that includes the raises and bonuses that would have occurred had the person remained in the workforce. The stay-at-home parent often loses the chance to build one’s own business as well.

If you intend to continue to be a stay-at-home parent after divorce, your prenup or postnup must be drafted to sustain you and to claim your ex-partner’s future earnings toward your needs. Attention should be given not only to the terms for post-divorce life, but to support and conduct during the period of separation.

Some assets should be designated for the stay-at-home mom or the stay-at-home dad, and your agreement should clarify if the SAHM/SAHD and children will remain in the marital home.

Warning: All posts on this website and its partner website, the DADvocacy™ Law Firm, 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 or DADvocacy™ Law Firm.