Understanding Prenuptial and Postnuptial Agreements in Florida

Marriage is a significant legal and financial commitment, and many couples choose to protect their interests through premarital (prenuptial) and postmarital (postnuptial) agreements. These contracts help define each spouse’s financial rights and responsibilities before and during the marriage, as well as in the event of divorce.

This blog post explores the key aspects of premarital and postmarital agreements in Florida, including their enforceability, common provisions, and how they can help safeguard your financial future.

What Is a Premarital Agreement?

A premarital agreement, also known as a prenuptial agreement or “prenup,” is a contract entered into by two individuals before they marry. It establishes how financial matters, assets, and debts will be handled during the marriage and in the event of divorce or death.

Key Benefits of a Prenuptial Agreement

• Protecting Separate Property – Ensures that assets owned before marriage remain with the original owner in the event of divorce.
• Defining Property Division – Specifies how marital and non-marital assets will be divided.
• Alimony Provisions – Allows couples to set terms for spousal support or waive it entirely.
• Debt Protection – Prevents one spouse from being held responsible for the other’s premarital debts.
• Business Protection – Safeguards business interests from being subject to division during divorce.

Are Prenuptial Agreements Enforceable in Florida?

Florida law recognizes prenuptial agreements under the Uniform Premarital Agreement Act (UPAA), codified in Florida Statutes § 61.079. To be enforceable, a prenup must:

1. Be in writing and signed by both parties – Oral agreements are not valid.
2. Be entered into voluntarily – Any sign of coercion or duress can invalidate the agreement.
3. Include full financial disclosure – Hiding assets can lead to the agreement being set aside.
4. Be fair and reasonable – If an agreement is overly one-sided, a court may refuse to enforce it.

While Florida courts generally uphold prenups, provisions regarding child support or parenting time are not enforceable, as these issues are determined based on the child’s best interests at the time of divorce.

What Is a Postmarital Agreement?

A postmarital agreement, also known as a postnuptial agreement or “postnup,” is a contract between spouses signed after marriage. Like a prenup, it governs financial matters during the marriage and in the event of divorce or death.

Why Consider a Postnuptial Agreement?

• Change in Financial Circumstances – If one spouse inherits significant assets, starts a business, or incurs substantial debt.
• Clarifying Property Rights – Helps distinguish between marital and separate assets acquired during the marriage.
• Protecting a Business – Ensures that a spouse’s business remains independent from marital property.
• Avoiding Lengthy Divorce Battles – Establishing terms in advance can streamline the divorce process if it occurs.

Enforceability of Postnuptial Agreements in Florida

Unlike prenups, postnups are not governed by the UPAA but are still enforceable under contract law principles. Florida courts require that a postmarital agreement:

1. Be in writing and signed by both spouses.
2. Be entered into voluntarily without coercion or undue pressure.
3. Include full and fair financial disclosure from both parties.
4. Be fair and not unconscionable at the time of signing.

Because spouses already have fiduciary obligations to each other, courts may scrutinize postnuptial agreements more closely than prenups to ensure fairness.

Challenging a Prenuptial or Postnuptial Agreement

A spouse may challenge the validity of a marital agreement in Florida if:

• There was fraud, misrepresentation, or failure to disclose assets.
• The agreement was signed under duress or coercion.
• It contains provisions that violate public policy (e.g., limiting child support).
• It is grossly unfair or unconscionable.

Conclusion: Do You Need a Marital Agreement?

Premarital and postmarital agreements provide valuable financial protection and clarity for couples in Florida. Whether you’re planning to marry or already married, these agreements can safeguard your assets, minimize conflicts, and ensure a fair resolution in the event of divorce.

At The Bonderud Law Firm, we help individuals and couples draft and review enforceable marital agreements tailored to their unique financial circumstances. If you’re considering a prenuptial or postnuptial agreement, contact us today to schedule a consultation.