Florida Family Lawyer Blog

In this previous post, we discussed Alex “A-Rod” Rodriguez’s pending divorce to his estranged wife, Cynthia, and the effects of a prenuptial agreement on her request for an equitable distribution of the marital assets. And, throughout the summer, the general public was kept riveted as to what would happen next and whether they would be privy to another bitter divorce proceeding involving a celebrity in the Miami courts. But fortunately for the Rodriquez family, the general public will be disappointed. On September 19th, A-Rod and his wife settled the case before any court-room battle could take place. The probable reason: an enforceable prenuptial agreement A-Rod had Cynthia sign before the two got married.

A recent article from the Boston Herald explains that A-Rod and his wife choosing to settle their dissolution proceeding before it ever entered the Miami court system is most likely due to a premarital contract, or prenuptial agreement (the terms of which the public may never know!). In Cynthia’s petition for dissolution of marriage, she argued for an equitable distribution of all the assets, as is Florida law absent an enforceable prenuptial agreement. However, we are sure it is A-Rod’s position as expressed in the prenuptial agreement that Cynthia should not be entitled to half of his income – she wasn’t responsible for his notoriety as a baseball superstar nor did she add to what he already earned before the marriage. This was the precise reason for the prenuptial agreement. As the article rightly hypothesizes, in the divorce settlement reached, most likely guided by the terms of the prenuptial agreement, A-Rod probably gave Cynthia their multimillion dollar home, its contents, a lump sum, and a nontaxable alimony payment of $1.5 million dollars.

While it is all too easy to speculate about the details of A-Rod’s divorce settlement agreement, the one sure thing that is beyond speculation, and more of an absolute, is what the baseball start must pay in child support. Child support obligations simply cannot be contracted away in a prenuptial agreement, and if they are, that portion of the agreement will be unenforceable. The couple’s two children live and attend school in South Florida with Cynthia. In Florida, guidelines as to how much child support a parent is obligated to pay are set forth within the Florida Statutes and is based on a proportional formula dependent on the incomes of both parents and the number of children between them. Because A-Rod makes well over $10 thousand a month, Florida law will require him to pay $2,228.00 a month for the first $10 thousand plus an additional 7.5% of his total yearly income that exceeds $10 thousand. In Florida, if the combined monthly income between both parents of two children is more than $10 thousand, then the courts will take 7.5% of the total yearly income to determine proper child support payment. Therefore, as the Boston Herald article states, if A-Rod makes $25 million, Cynthia will receive approximately $1.875 million in child support, yearly. However, if there is a significant change in A-Rod’s income, whether upward or downward, the award of child support can be modified upon a showing by the petitioning party that there has been a substantial change in circumstances concerning A-Rod’s income warranting a modification in child support and that such a change in child support will not hurt the children.

Posted by Daniel Louis Koch | Permalink | Email This Post

Posted In: Child Support , Divorce , Prenuptial Agreements

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If you watch television, pick up a newspaper, or listen to the radio, you have heard at least one reference to the divorce between Alex “A-Rod” Rodriguez and his estranged wife, Cynthia. As their divorce plays out in the public eye, the real battle is taking place in the Miami-Dade Circuit Courts. Cynthia filed her petition for dissolution of marriage from A-Rod in state court in Miami. She is seeking “equitable distribution” of all assets acquired during the marriage. This sum adds up to around half of the $120 million A-Rod earned during the five and a half years of their marriage. And because Florida is an equitable distribution state, she just may be entitled to half of all assets obtained during the marriage. However, there is one glaring problem – Cynthia signed a prenuptial, or antenuptial, agreement one month before their wedding. If valid, Cynthia may only be entitled to the terms of that agreement, which are still unknown.

This case suggests that Cynthia will probably seek to invalidate the prenuptial agreement in order to get as much money as she can – the same way Ivanna Trump did in her divorce against Donald Trump in 1990. To invalidate this agreement, the Miami court will focus on whether the prenuptial agreement was a valid contract. This includes determining if both parties honestly divulged all of their assets that they brought into the marriage, if both parties entered into the agreement with full knowledge of the terms of the prenup and signed it on their own volition, and if the agreement was signed well in advance of the wedding. The reason to penetrate this agreement is simple. When and if invalidated, Florida allows Cynthia entitlement to half of the marital assets via Florida’s equitable distribution statute, which we can assume is much more than the prenuptial agreement will provide.

Although the court in Miami will ultimately decide the outcome of this case, the public will soon be able to make their own conclusions when and if the documents are made public record. Florida is subject to “sunshine laws,” which means that all court documents should be made public absent extraordinary circumstances. This may be another point of contention in the divorce, as well. The thing to take away from this divorce is this: if you decide to enter into a prenuptial agreement, prenuptial agreements can be invalidated unless they are executed properly.

Posted by Bradley H. Trushin | Permalink | Email This Post

Posted In: Divorce , Prenuptial Agreements

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In today’s society, prenuptial agreements get a bad rap. When we hear “pre-nup,” we think “Oh no! Another celebrity marriage is ending.” However, prenuptial agreements, also known as antenuptial agreements, may be a useful way to establish the rights and liabilities upon the termination of a marriage by death or dissolution. Here is a sample prenuptial agreement. A dilemma arises because of the implicit question of distrust which may be aroused by entering into an agreement contingent upon the break-up of the marriage. This dilemma is made even worse when typically, a prenuptial agreement is made at a time in a relationship where a couple is at their happiest and most blissful stage of their relationship, right before the wedding.

Given this dilemma, how does one bring it up without causing your spouse to starting questioning the strength of your relationship? Even though it may be difficult to approach the subject it may be very necessary to do so. There are circumstances in which prenuptial agreements are critical, for instance, when the rights of children from a prior marriage are at stake or when there is a vast disparity in the financial resources of parties.

In crafting a prenuptial agreement there are certain consideration to keep in mind:
The right circumstances. The facts and circumstances surrounding the execution of a premarital agreement may compel a court to set it aside. An example of this includes if it was executed days or hours before the wedding, after all the wedding and honeymoon plans have been made. The court may construe such circumstances as coercive and later invalidate the prenuptial agreement.

The right agreement. If you want to enter into a prenuptial agreement, the best plan of action would be to diligently disclose all your assets and liabilities as part of any agreement. This would mean attaching a schedule that disclosed all your assets. Florida statutes do not require you to disclose your assets if you enter into this agreement before you get married, but divorce courts will not enforce premarital agreements when there is no financial disclosure.

Guidelines for your agreement. Things to ask yourself: Is the agreement fair and reasonable in consideration of the relevant factors at the time the agreement was executed? Was there full and frank disclosure of all assets, or at least a general approximate knowledge of the extent of the property ownership? Was the agreement entered into voluntarily (each party should have independent counsel to help support their considerations and avoid conflict of interest)? A waiver of alimony cannot be modified. A husband cannot be released from his obligation to support his wife as long as the marital relationship exists. Child support usually cannot be waived by either spouse. Make sure it’s a valid agreement: it must be written, signed, and acknowledged before two witnesses.

If you have any concerns about drafting a prenuptial agreement or your prenuptial agreement, please contact an attorney.

Posted by Daniel Louis Koch | Permalink | Email This Post

Posted In: Divorce , Prenuptial Agreements

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