Miami Living Magazine

Swim Issue 2025

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interest owned by either party. The court considers several factors when determining equitable distribution, including each spouse’s financial and non-financial contributions to the marriage, their current and future economic circumstances, the duration of the marriage, pre or post marital agreements and any interruptions to career or education for the sake of the family. For high-net-worth individuals, additional considerations may include the role each spouse played in building or supporting a business, tax implications of asset division, and the potential need to divide complex compensation packages or investment portfolios. Our role is to bring clarity to these issues and to present well-supported arguments that reflect both the letter and spirit of Florida law. Whether through negotiation or litigation, our goal is to make sure that the outcome is not only legally sound but also reflects the true contributions and entitlements of our client within the context of the marriage. Florida is a key state for prenuptial and postnuptial agreements. How do you ensure these agreements hold up in court, especially in high-net-worth cases? For a prenuptial or postnuptial agreement to be enforceable in Florida, it must satisfy several legal requirements. These include full and fair disclosure of each party’s financial circumstances, voluntary execution free of coercion or duress, and terms that are not unconscionable at the time of signing or enforcement. These requirements apply to all couples, but in high-net-worth cases, the scrutiny is significantly higher, given the complexity, value, and structure of the assets involved. That’s why we take a highly meticulous and comprehensive approach to drafting these agreements. We make sure that both parties provide complete and accurate financial disclosures, including income, assets, debts, and any business or investment interests. We also strongly recommend—and help facilitate—independent legal counsel for both parties. This not only reinforces the fairness of the process but also strengthens the agreement’s enforceability should it ever be challenged. Each agreement is custom-made to the client’s specific situation. We draft terms that reflect current financial realities while also anticipating potential future changes, such as the growth of a business, the acquisition of new property, or the arrival of children. Clauses are written clearly and concisely to prevent ambiguity or misinterpretation, which are common reasons agreements are invalidated. If a prenuptial or postnuptial agreement is ever contested, our team is fully prepared to defend its validity and enforce its terms. We draw on our deep knowledge of Florida law, our experience handling high-net-worth matters, and the detailed documentation created during the drafting process. Whether during negotiations or in court, we

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