In the case of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) the Fourth District Court of Appeal requested that a controversial issue concerning the specific interpretation of Florida prenuptial agreements should be brought before and decided by the Florida Supreme Court. The specific and technical issue relates to a spouse’s right to claim an interest in the marital appreciation and growth of the other spouse’s assets, in light of certain waivers and language as contained in the Prenuptial Agreement previously executed by the parties. This case was eventually adjudicated by the 15th Judicial Circuit, Palm Beach County, with Sidweber & Weintraub, P.A. representing the Wife.
In the prenuptial agreement executed by the Wife and Husband in this case, while the Wife waived her right and claim to certain aspects of the Husband’s property, the real question at issue is whether the Wife waived her right and claim to the property acquired by the parties and in the Husband’s name, during the course of the marriage. While the Fourth District Court of Appeal determined that according to the provisions of the prenuptial agreement, the Wife had in fact waived her right to such assets, the Second District Court of Appeal and the Third District Court of Appeal had previously issued conflicting opinions, and thus, the Fourth District’s opinion is currently in conflict with the Second and Third District, and clarification by the Supreme Court is required.
When Florida’s District Courts of Appeal issue conflicting opinions, the Florida Supreme Court is able to “step in”, to cause finality to the issue and to determine the controlling law, in Florida. At this time, the Florida Supreme Court has fortunately decided to accept this case. Updates to this Blog shall be made, as the case continues in the Supreme Court.
The hiring of competent legal counsel is essential to ensure that as the laws change, you are represented by attorneys who continue to stay on top of the changes and the effects these changes may have on the issues particular to your case. The expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and they can advise you as to the manner the Courts may rule in your case.
For more information on issues pertaining to Florida family law, divorce, property distribution, modification, prenuptial agreements, child support, timesharing/custody and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.