Business owners in Boca Raton who are entering a marriage often want to ensure that the business remains separate property regardless of how its value changes during the marriage. Without a prenuptial agreement, the active appreciation of a business during the marriage — growth attributable to either spouse's efforts or marital funds — may be classified as a marital asset subject to equitable distribution. A properly drafted prenup can establish that the business and its appreciation retain their separate character, providing clarity and protection that the default legal rules do not.
The language used to accomplish that protection matters considerably. Vague provisions that describe a business as "separate property" without addressing appreciation, income generated by the business, or the use of marital funds in the operation may not achieve the intended result. Brodzki Jacobs drafts business protection provisions with the specificity needed to accomplish the client's actual objectives under Florida law.
