Sarasota, FL asked in Divorce and Family Law for Florida

Q: I write currently unpublished works. Would a prenupt secure future published works income from alimony calculation?

I am getting married soon, and we are thinking of a prenuptial agreement. Neither of us are wealthy, but I am in the process of securing a publisher for my writings. Can a prenuptial agreement be made to take those works "off the table" if we get divorced in the future?

Soon to be spouse has no interest in the stories (not reading or interested in reading them ever), which is fine. But I don't know if a prenup would even protect me in the future if I did make money off them.

My current level of income is mid to high five figures so I am looking to see if it is even monetarily even worth the effort of a prenup. My writings are my only concern and many people I know that has been married have wished they had a prenup.

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1 Lawyer Answer
Laura Arcaro
Laura Arcaro
  • Fort Lauderdale, FL
  • Licensed in Florida

A: A prenuptial agreement can provide a variety of protections for each spouse in the event of divorce or death, including the protection of pre-marital assets and income/assets acquired during your marriage. If you have written the next Great American Novel, a prenuptial agreement can address the earnings from publication of that work, including royalties, TV and film rights, speaking engagements, etc. as well as earnings from your continued writing during the marriage. It's best to consult with a family law attorney to determine whether a prenuptial agreement will help achieve your goals.

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