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Protecting Your Inheritance with a Prenuptial Agreement

April 05, 2022

Derren K. Ciaglia

When you're planning a wedding, discussing a prenuptial agreement with your soon-to-be spouse may not seem exciting or may even feel uncomfortable. Yet, no one knows what the future holds, and a prenuptial agreement can protect your assets, whether they were acquired prior to the marriage or during it. A prenuptial agreement can help ensure that your assets remain non-marital property and are not subject to equitable distribution in the event of a divorce.

Oftentimes, prenuptial agreements are also recommended to protect family wealth and family assets that you may be entitled to one day. You may acquire the assets through bequest, devise, or descent. For example, in Florida, if you receive an inheritance and deposit it into a jointly titled marital account, it is treated as marital property. If you and your spouse were to divorce, half of it would likely be distributed to the other party.

Protecting your family wealth and assets is an important consideration in prenuptial agreements. In fact, celebrities Brooklyn Beckham and Nicola Peltz just signed what news sources are reporting is the “mother and father of all prenups.” Brooklyn Beckman’s parents, David and Victoria Beckman, are purportedly worth millions, and Nicola Peltz’s father is purportedly worth over a billion dollars.

Whether you're a celebrity or not, a prenuptial agreement can protect your future potential interest in family wealth in addition to your own assets. Creating an enforceable prenuptial agreement can be complicated, so It's important to speak with attorney who is familiar with Florida law and has your best interest in mind. 

This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.

Derren K. Ciaglia devotes her practice to challenging family law matters, including divorce, child support, child custody, alimony, paternity matters and family law litigation involving complex financial and parenting issues. As a mother of three, she understands the importance of minimizing the effect the legal process can have on families. She tries to find creative solutions that are tailored to each family’s unique circumstances.

Trained in the interdisciplinary model of collaborative family law, Derren is passionate about advocating for her clients and providing them with support and guidance during what can be difficult and uncertain times in their lives. She is a compassionate listener, a good problem solver and settlement focused, negotiating on behalf of clients both in and out of mediation.

Derren is active in the Orlando community, currently serving as vice president of children’s programming for the Rosen Jewish Community Center Board of Directors. She is also a member of The Florida Bar and the Orange County Bar Association.

Admitted to practice law in Florida, Derren also previously practiced in Illinois. She earned her law degree cum laude from the University of Florida Levin College of Law, where she received a Family Law Certificate and three Book Awards in perspectives of family, collaborative law, and intimate partner violence assistance. She has dedicated her entire legal career to matters involving families.

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