Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When it is time to enforce a Florida prenuptial agreement, both spouses should feel confident that what they agreed to when they married will be honored when they divorce. Sometimes, however, when divorce happens, spouses do not always agree on how words in the agreement are interpreted, leading to expensive litigation. This is why it is important to have an agreement that has straightforward, clear terms. Interpretation of a prenuptial agreement was an issue in the case Shobola v. Shobola, 2D20-3657 (Fla. 2d DCA December 7, 2022).
The parties were married in 2009 after signing a prenuptial agreement. They separated in 2016, and in 2018, the former wife filed a petition for divorce. A final judgment was eventually entered which awarded temporary support to the former wife as well as ongoing alimony. The former husband appealed, arguing the trial court misinterpreted the terms of the prenuptial agreement. The prenuptial agreement stated the former husband would pay $3,000 per month in temporary support from the date a divorce petition was filed or a party sent written notice of intent to permanently separate until the date a final judgment was entered. The agreement also stated “In the event of a Separation Event after we have been married five (5) [years], the court may award alimony, maintenance, or other form of spousal support, not affecting our rights in our Separate Property. Prior thereto, there shall be no payment of alimony, maintenance or other form of support, except that there shall be a payment by [Husband] to [Wife] of $3000 per month for twenty-four (24) months, if the Separation Event occurs after five (5) years of marriage and prior to eight (8) years of marriage.” The agreement further provided for post-judgment alimony of $3,000 per month for thirty-six months "if the Separation Event occurs after eight (8) years of marriage and prior to ten (10) years of marriage."
The appellate court rejected the former husband’s challenge to the temporary support, holding it was supported by sufficient findings and fell within the terms of the agreement. The court, however, agreed with the former husband that there was an error in calculation of other support: “The final judgment awarded Wife $54,000 in temporary support, which purportedly represented the amount owed from ‘the [December 1, 2016] Separation Event to the [e]ntry of [the bifurcated] Final Judgment in February of 2019,’ a period of approximately twenty-six months. The $54,000 figure equates to eighteen months of temporary support at $3,000 per month. The final judgment also awarded Wife ‘18 months more of spousal support at a rate of $3,000 per month,’ but it is unclear how this award ties to the twenty-six months of $3,000 per month temporary support to which Wife is entitled pursuant to the premarital agreement and the trial court's entitlement findings. It is clear, however, that the total of both awards exceeds any amount that would be awardable as temporary support under the terms of the premarital agreement and the trial court's entitlement findings.”
The court further found “Husband argues that Wife is entitled to twenty-four months, not thirty-six months, of postdissolution support under the premarital agreement. We agree. The premarital agreement provides that Husband shall pay Wife $3,000 per month in postdissolution support for twenty-four months ‘if the Separation Event occurs after five (5) years of marriage and prior to eight (8) years of marriage.’ The Separation Event was December 1, 2016, roughly seven years and seven months after April 26, 2009, the date of the parties' marriage. Thus, the trial court erroneously awarded thirty-six months of postdissolution support.”
Wondering whether a prenuptial agreement can help you? Schedule a consultation with a Miami family law attorney to get advice specific to you and your circumstances.