A significant new Florida Supreme Court ruling offers some clarity into what had previously been a murky issue within family law: namely, the interpretation of certain waivers within premarital agreements. For individuals with high-value assets, the court’s new decision provides some helpful insight into the ways that the law allows you to structure your prenuptial agreements in order to ensure your assets are fully protected from a claim within a divorce proceeding.
The case centered on the divorce of Harry Hahamovitch, a successful mortgage broker from Palm Beach County, and Dianne Hahamovitch, his wife. In 1986, a month before they wed, the couple entered into a prenuptial agreement. That agreement contained several provisions for the separation of property between the two spouses-to-be. The agreement stated that any separate property a spouse brought into the marriage remained that person’s separate property. Also, if the husband bought property during the marriage in his name alone, that property would remain the husband’s separate property.