Prenuptial Agreements in Florida recently changed when the Florida Supreme Court affirmed the decision of a lower court that has attorneys baffled and scrambling to modify their standard pre-nuptial agreement language. In the case of Hooker v Hooker, the parties were married and prior to marrying they drafted and executed a pre-nup. Neither party says that the prenup was invalid for any reason - it was a good and proper pre-nup. It said that each would retain their own premarital property as non-marital assets including appreciation on those properties. There existed 2 properties purchased by the Husband. After a 23 year marriage while divorcing the Wife argued that both properties were marital because the Husband had intended them to be gift made to her as his Wife during the marriage. One of them the couple lived in together as a family in FL and it was deeded in Trust for the Husband. The other was titled in Husband's name alone and the family used it as a summer home in NY. The Husband paid for this home out of his separate money and upkeep of the property as well. The court found that despite titles and despite the pre-nup the family treated the properties as marital and therefore they were marital. The argument also included allegations that husband displayed the intent to gift the properties to the Wife during the marriage.