Marriage Isn't Just Love—It's a Legal Contract

By Jarbath Pena Law Group

When you picture your wedding day, you probably imagine the flowers, the cake, the vows, and the celebration with friends and family. It’s a day dedicated to love and commitment. But the moment you say "I do" and sign that marriage license, you are doing something else entirely: you are signing a binding legal contract with the State of Florida as the third party.

It’s not the most romantic thought, is it? But understanding marriage as a legal contract is one of the most empowering things you can do for your relationship. Just like you wouldn't sign a business partnership agreement without reading the fine print, you shouldn't enter a marriage without understanding the legal rights and responsibilities that come with it.

This isn't about dampening the romance; it's about building a foundation of clarity and security. Let's peel back the layers of Florida law to see what this contract really entails.

What Does the "Contract" Actually Cover?

In Florida, marriage changes your legal status instantly. You go from being two separate legal entities to a single economic and legal unit in the eyes of many laws. This "contract" governs how you own property, how you handle debt, and what you owe each other—both during the marriage and if it ever ends.

Think of marriage like a merger between two companies. Before the merger, each company has its own assets and liabilities. After the merger, things become intertwined. In Florida, this intertwining affects three main areas: assets, debts, and support.

1. Property Rights: Yours, Mine, and Ours

One of the biggest misconceptions about marriage in Florida is how property is owned. Florida is an "equitable distribution" state, not a community property state. This distinction is crucial.

During the marriage, you can still own property separately. If you buy a car in your name alone, it's technically titled to you. However, if you were to divorce, the lines blur significantly.

• Marital Assets: Generally, almost anything acquired during the marriage—regardless of whose name is on the title—is considered a marital asset. That house you bought three years after the wedding? Marital asset. The retirement savings you accumulated while married? Marital asset.

• Non-Marital Assets: Assets you owned before the marriage usually remain yours, provided you don't commingle them. Commingling is like pouring a cup of water (your pre-marital money) into a bucket of water (marital money). Once mixed, you can't separate the drops. If you use an inheritance to renovate the marital home, that inheritance may morph into a marital asset. If the house has a mortgage on it, and one or both of you pays it off, a portion of the equity in that asset may be marital.

The "contract" of marriage says that you are building a life together, and therefore, the wealth you generate together belongs to both of you.

2. Financial Responsibilities and Debts

The legal contract of marriage isn't just about sharing the wealth; it's about sharing the burden. Just as assets acquired during the marriage are generally marital, so are debts.

If your spouse runs up credit card debt to pay for household expenses or family vacations, that is often considered marital debt in Florida. Even if the card is only in their name, the court may view it as a joint responsibility because the debt benefited the marriage.

This is why financial transparency is so vital. When you marry, you are essentially vetting a financial partner. You need to know:

• What debts are they bringing in?

• What is their credit score?

• What are their spending habits?

Ignoring these questions is like ignoring a leaky roof in a house you're about to buy. It might be fine for now, but it will eventually cause damage.

3. Spousal Support (Alimony)

The marriage contract also implies a duty of support. In a healthy marriage, this happens naturally—spouses support each other financially and emotionally. But in the event of a divorce, this duty can become a legal obligation known as alimony.

Florida law recognizes that in many marriages, one spouse may sacrifice their career or earning potential for the benefit of the family (raising children, supporting the other spouse's education, etc.). Alimony is designed to bridge the gap if the marriage ends.

While recent changes to Florida's alimony laws in 2023 have eliminated permanent alimony and set clearer guidelines, the concept remains: marriage creates a financial interdependence that doesn't necessarily end the moment you file for divorce.

The Prenuptial Agreement: Editing the Contract

Here is the good news: You don't have to accept the default "contract" the State of Florida provides. You can write your own terms. This is done through a Prenuptial Agreement (or "prenup").

There is a stigma that prenups are unromantic or a sign that you are planning for divorce. But this view is outdated and misses the true purpose of a well-drafted prenup: to provide clarity, security, and protection for both partners.

Think of a prenup like car insurance: you don’t buy insurance because you expect an accident; you buy it because you want protection if something unexpected happens.

A prenup allows you to:

• Define Separate Property: Clearly state what assets remain yours, no matter how long you are married.

• Protect Against Debt: Ensure you aren't liable for your spouse's student loans or business debts.

• Clarify Alimony: Decide beforehand whether alimony will be paid and in what amount, rather than leaving it up to a judge.

• Protect Children from Prior Relationships: Ensure that specific assets are preserved for children you have from a previous marriage.

  
  

By creating a prenup, you are having honest, difficult conversations before the pressure of marriage sets in. It forces you to be on the same page financially, which actually strengthens the relationship.

Why This Matters Now

You might be thinking, "We are in love; we don't need to worry about legalities." But love and law are not opposites; they are partners. Understanding the legal commitment you are making allows you to love more freely because you aren't operating in the dark.

If you are planning to get married, or even if you are already married and considering a Postnuptial Agreement (which is similar to a prenup but signed after the wedding), take the time to learn the rules of the game.

• Talk about money. It’s not taboo; it’s necessary.

• Understand your rights. Know what Florida law says about your assets.

• Consider a written agreement. It might be the smartest romantic gesture you ever make.

We Are Here to Help You Navigate Your Future

Marriage is a beautiful journey, but it’s also a significant legal milestone. You don't have to figure out the fine print alone. Whether you are looking to draft a prenuptial agreement that honors your relationship or you need guidance on how Florida’s marriage laws apply to your specific situation, we are here to provide the clarity you need.

At Jarbath Peña Law Group, we believe in empowering our clients with knowledge. We offer expert legal guidance with a personal touch, ensuring you feel secure in your decisions.

Ready to start your marriage on solid legal ground? Contact Jarbath Peña Law Group today at 305-615-1005 to schedule a consultation.