If you wait until you are faced with divorce, you may be too emotionally distraught to think clearly enough to fight for your best interests. Your spouse could end up taking your home, your other properties, your money and other marital assets, leaving you with very little or even nothing. On top of the emotional heartbreak you will experience, you will also be dealing with new financial struggles.

By working with a pre and postnuptial agreement lawyer in Tampa, you can make plans for your future while you and your spouse still have each other’s best interests in mind. You will be able to make provisions to divide your assets in a way that is fair to both of you and without the bitter fighting you may face during divorce.

Many people are familiar with the idea of a prenuptial agreement, thanks to notable celebrity examples that wind up in the news. For example, the prenuptial agreement between Catherine Zeta-Jones and Michael Douglas gives Zeta-Jones $2.8 million for each year that the couple was married, in case they divorce. The prenuptial agreement also includes a fidelity clause, which gives Zeta-Jones another $5 million if the reason for the divorce was Douglas’ infidelity.

Many other celebrity prenuptial agreements include clauses for cheating, and some even include them for drug use, such as the agreement between Keith Urban and Nicole Kidman. Their agreement says that if former addict Urban uses drugs during their marriage, he will not get any of Kidman’s fortune.

While you may not have millions of dollars in your bank account, getting a prenuptial agreement can help you protect what you do have — and what you have worked hard to obtain. Your lawyer can help you create an agreement that protects your assets and ensures you maintain the same quality of life even after you are divorced.

You can include provisions for more than the division of finances in your prenuptial agreement. Some agreements can include expectations for behavior, such as how much time you will spend together or whether you will have children together. The only thing that a prenuptial agreement cannot include is an order for child custody or a waiver of child support. These are matters that must be decided by the court.

If you are already married and did not sign a prenuptial agreement, there is still time to work with a pre and postnuptial agreement lawyer in Tampa to protect your rights. A postnuptial agreement can establish all the same provision as a prenuptial agreement, but it is signed after the marriage has already taken place.  Just make sure that you are not making the call to discuss a postnuptial agreement because of an argument you’ve had with your spouse. Otherwise, the negotiation process will be compromised by flaring tempers. It is always best to approach the creation of these agreements with a clear head. You’ll find that you are better able to negotiate a fair division of assets with a minimum of disagreement.

By creating a prenuptial or postnuptial agreement, you can ensure your financial future and protect important assets that you had when you entered into the marriage. Examples include heirlooms that you inherited from your grandparents, or your childhood home.

Call the Law Office of Mark G. Rodriguez to work with an experienced pre and postnuptial agreement lawyer in Tampa. Mark Rodriguez has more than 30 years of legal experience, and guides you through creating the right agreement to protect your interests. Call us at (813) 227-9642 or contact us online to schedule a consultation.

State laws dictate how courts will divide marital assets, but generally, states are either community property states or equitable distribution states.  Florida is an equitable distribution state, meaning courts consider multiple factors when they divide marital property.  The court cannot make a fair and accurate determination of how property should be divided if one spouse fails to disclose assets.

Divorcing spouses often have opposing points of view regarding the division of marital assets.  Often, one spouse feels like they are entitled to keep some assets entirely for themselves, and rather than disclose their existence to a court, they try to hide assets.

In 1996, a California woman won $1.3 million in the lottery and filed for divorce 11 days later.  She successfully kept her winnings a secret during her divorce case, but in 1999, her ex-husband discovered her lottery winnings.  When her nondisclosure came to light, a California court awarded all of the woman’s lottery winnings to her husband.  This is just one example of how hiding marital assets in a divorce can backfire.

The willful nondisclosure of assets in a divorce is completely illegal, and it often results in the other spouse being awarded the full amount of the hidden assets.  Despite the risk, people still hide marital assets from their spouses in an attempt to keep their spouse from getting any portion of the asset.  Many learn the hard way that hiding assets in a divorce risks losing those assets entirely, yet people still try to come up with new high tech ways to hide assets.

Technology makes it easier to hide assets.  Deals can be brokered online without the other spouse being the wiser. Money can be transferred and deposited into secret accounts without leaving an actual paper trail.  Every day people are using technology to conceal assets, but technology is a double edged sword.  The high tech ways that make it easy to conceal assets also make discovering those assets even easier.

For example, a husband might set up a pay pal account to hide money from his wife, but his browser history will quickly reveal this secret.  Even if someone believes they are concealing their activities by clearing their browsing history, there is often an email or a text message that can lead to the account.

But beware.  Just as hiding assets during a divorce is illegal, many of the high tech means of discovering hidden assets are also illegal.  Even if your spouse is in the wrong, you may be in violation of a state or federal law for utilizing illegal methods to uncover hidden assets.  If you suspect your spouse is hiding assets, call the skilled Tampa divorce attorney at the Law Office of Mark G. Rodriguez.  Hiring an experienced Tampa divorce lawyer ensures you receive every penny you are entitled to.  Contact us today for a free initial consultation at (813) 227-9642 or online.