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Donative Intent and Premarital Agreements Many premarital agreements provide that each party’s premarital assets and any appreciation of those assets shall constitute non-marital assets that are not subject to equitable distribution in the event of divorce.  The parties to the recent Supreme Court of Florida decision of Hooker v. Hooker executed a premarital agreement which contained this language; however, despite the existence of the agreement, the Supreme Court held that two of the Husband’s premarital properties constituted marital property subject to equitable distribution upon the dissolution of the marriage.  The Supreme Court reached this holding after finding that there was […]