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Protecting non-physical assets in your prenuptial agreement

It is difficult to think about the possibility of divorce before you even walk down the aisle, but many Florida couples see the benefit in drafting prenuptial agreements. This type of legal agreement is not necessary in every situation, but it can be particularly useful if you want to protect specific assets. 

Divorce is complicated, particularly in matters pertaining to property division, and a prenuptial agreement can make this process easier. Through a prenuptial agreement, you can shield even your non-physical assets, such as your digital property. It could be beneficial to address many important issues, including the stuff you own online.

What should I include in this agreement?

Digital assets include everything from music purchases online to family photos stored on the cloud. What you will want to protect depends on the nature of your individual situation and your specific goals. Regardless of the type of assets you wish to address in this agreement, it can be helpful to consider things such as the following:

  • Agreement to maintain separate accounts: When the two parties maintain separate accounts for as many things as possible, it can reduce conflict in divorce. You can have your prenuptial agreement include a provision to keep things separate when able to do so.
  • Make copies of important things: It is not completely necessary to include this in your prenuptial agreement, but it is helpful to have copies of all digital assets and documents you wish to protect.
  • Seeking an appraisal of all digital assets: Having an appraisal done of all digital property can help you decide how to address that specific asset in your prenuptial agreement. You may also wish to consider the possibility of appreciating value over the course of your marriage.

If you have a strong online presence and you keep many important things stored online, it is beneficial to remember this as you work on drafting a strong and enforceable prenuptial agreement.

Thinking about the future today

You may not think you really need to have a prenuptial agreement, but it can be greatly beneficial to have one. If you think you could benefit from this step or you simply want to understand more about the protections it provides, you may find it helpful to seek a complete evaluation of your case. It is not easy to think and prepare for the future, but smart planning can give you peace of mind as you move forward.

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