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Should a Florida prenuptial be disputed in a divorce?

On Behalf of | Dec 5, 2013 | Firm News |

Many issues in a Florida divorce can easily be resolved and prevented if the couple had a prenuptial agreement, or talked about the situation before it ever happens. Issues regarding finances are likely the base of any prenuptial agreement, but sometimes it may not go as planned. A divorce has recently been halted as the result of both parties violating their prenuptial agreement.

The couple had their prenuptial set up in order for the wife to get $5 million when the divorce proceedings were completed. Everything could have likely gone as hoped, except they both violated their contract. A judge noted this, but decided to let the couple go through with their divorce with the original $5 million prenuptial payout to the wife.

Now, the wife wants more than the agreed amount, and the same Texas judge disagreed. The judge felt that if both parties violated the contract, it should stay as it was intended — the original $5 million. The woman was not happy, and chose to take it to court again. The woman chose to go to a courtroom for general contract dispute in attempts of proving she deserved more because her husband violated their original prenuptial agreement, too.

The woman is now seeking anywhere from $20 million up to $40 million of her husband’s finances. With every divorce story in a Florida courtroom, there are always two sides of each story, that can easily be found out in court. A prenuptial agreement is supposed to help out couples such as this one, in order to avoid such disputes. The situation may have been able to be handled differently and end on a more positive note if the two were aware of contract laws in addition to laws surrounding prenuptial agreements.

Source: New York Post, Hedge fund manager in epic divorce battle over prenup violations, Josh Kosman, Nov. 29, 2013

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