Postnuptials and $100 Million: Florida Divorce

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As a Jacksonville, Florida family law attorney, I have not had the privilege of seeing a case involving $100 million in assets plus alimony in the amount of $130,000 per month. While most of us would think this ridiculous, the truth is that in a Florida divorce the assets are divided 50/50 and alimony is provided under certain provisions.
Marie Douglas-David is divorcing her CEO husband, George David, and in return she is asking for a little less than half his money, a mere a $100 million. In addition, she is requesting alimony of $130,000 per month. While this divorce is causing quite a buzz in the media, in Florida, the actual lifestyle of the couple would be considered and Mrs. Douglas-David is entitled to maintain her lavish lifestyle. The problem is that she signed a post-nuptial agreement that limits her money to $38 million. While all of these numbers are excessive and most of us would be content with the $38 million the truth is that Mr. David is actually worth $329 million and in a Florida divorce (IF the post-nuptial was not valid) Mrs. Douglas-David would be entitled to on half, making her portion $164.5 million, so she’s actually letting her husband save over $60 million.
In Florida, post-nuptials are valid. Post-nuptials are entered after the marriage of the parties. It is basically a way for the parties to protect themselves after the marriage commences and the signing party must be informed of all assets. Full disclosure is necessary to make the agreement valid, because otherwise the signing party does not know exactly what they are entitled to receive without the postnuptial.
Postnuptial agreements are less frowned upon than prenuptial agreements because you’re not entering into it with the idea that you won’t get married unless it’s signed. It takes the pressure off both parties, but still protects both parties if anything were to happen to the marriage.