How Do I Protect Myself Before Divorce?
We meet a lot of people who believe that keeping money in a separate account during marriage makes it separate property. That is almost never true in Florida. Income earned between the wedding date and the date of filing is generally marital. Where you park it is not the deciding factor.
How Do I Protect Myself Before Divorce?
What Actually Works In Protecting Yourself in Divorce
- Prenuptial agreements: Best for setting the rules before earnings and acquisitions happen.
- Postnuptial agreements: Similar to prenups, but signed after the wedding, requires care and thoughtful conversations.
- Good records: Track premarital assets and values at the date of marriage to identify later increases correctly.
Protecting Yourself In a Divorce as a Business Owner
If you owned a business before marriage and you stay the sole owner, the premarital value is yours. Increases in value during the marriage can be marital and subject to distribution, especially when driven by marital efforts. Documentation and valuations matter.
Smart Personal Finance Habits
- Keep a modest personal emergency fund.
- Maintain your own credit history.
- Understand household cash flow, not just your spouse’s login credentials.
The Bottom Line on Protecting Yourself in a Divorce
Asking your spouse for a prenup or postnup is hard. Plan the conversation with respect and clarity. Frame it as mutual protection and transparency, not as a prelude to a breakup.
Protection comes from planning, not from account titles. Agreements and records beat myths every time.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.