Though the overall divorce rate is declining, that is not true for those aged 50 and older. The divorce rate for older couples has increased significantly and is referred to as a ‘gray’ divorce. In Florida and elsewhere, many of these divorced individuals are choosing to remarry, and many may benefit from signing prenuptial agreements before walking down the aisle gain. 

Those who remarry later in life have unique concerns. Retirement needs and ensuring that both their new spouse — as well as their children from a previous marriage — will be cared for after they are gone are likely their primary concerns. A well-drafted prenup can ease these worries while allowing for an easier blending of the two families once the financial aspects have been addressed.

One of the first issues that can be addressed with a ‘gray’ prenup is how to handle specific retirement accounts and how and to whom the funds may be disbursed. If a couple feels that they do not need all of the accounts that they hold, they may designate which ones will be directed toward their children when the time comes. Furthermore, with the escalating costs of skilled nursing care, spouses may wish to purchase specialized insurance that can offset the cost of care without draining either their individual estates or joint assets.

Without the protection afforded by prenuptial agreements, changes in estate plans can create problems. As a couple works together to decide what to include in a prenup, they may find that other accounts, such as life insurance policies, need to be updated with current beneficiaries. Florida residents who are preparing to marry may benefit from seeking the advice of an attorney who can guide them in preparing a prenuptial agreement that will best meet their needs.