What Should Be Included in a Florida Prenup?
The clauses Florida law allows under § 61.079(4), what a prenup cannot address, and how to structure the agreement for enforceability.
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Plain-English guides on divorce, alimony, custody, co-parenting, and asset division in South Florida — written by attorney Nadia Pazos.
New · August 2026: Served with divorce papers in Florida? You have 20 days to respond — the deadline quoted from Fla. Fam. L. R. P. 12.140(a)(1), plus what to file and what not to do.
New: our complete guide to Florida prenuptial agreements covers everything from enforceability under § 61.079 to the drafting process. Start there, or explore individual topics below.
The clauses Florida law allows under § 61.079(4), what a prenup cannot address, and how to structure the agreement for enforceability.
How prenuptial agreements shield business interests from equitable distribution, including valuation issues, appreciation, and goodwill.
Timing requirements, the voluntariness standard under § 61.079(7), and why last-minute signing is risky.
The financial documents both parties need for the mandatory disclosure that protects enforceability under § 61.079(7).
Alimony waivers under § 61.079(4)(a)4., how courts review them after the 2023 reform, and drafting strategies.
The difference between prenuptial and postnuptial agreements, the higher scrutiny postnups face under Casto v. Casto, and alternatives.
Template risks, the § 61.079 requirements templates often miss, enforceability problems, and when attorney drafting matters.
How equitable distribution under § 61.075 works by default, what becomes marital property, and alimony without a waiver.
Independent counsel requirements, what § 61.079 actually says about representation, and the voluntariness defense.
How prenuptial agreements interact with Florida real estate law, homestead protections, and property classification under § 61.075.
Compares OurFamilyWizard, Fayr, TalkingParents, AppClose with court admissibility under Fla. Stat. § 90.803, features, costs, and Nadia's video on co-parenting and documentation.
Read & Watch →Waiving the elective share, homestead, and other spousal death rights under Fla. Stat. § 732.702 — and the two-witness rule that breaks template prenups.
The three statutory grounds for setting aside a Florida prenup: involuntary execution, fraud or duress, and unconscionability with nondisclosure.
What Florida law actually requires for a valid prenup — writing, signatures, and why notarization is not required.
Property rights, alimony waivers, life insurance and wills — and the one thing a Florida prenup can never decide: child support.
How a prenup overrides Florida’s equitable distribution rules, marital vs. nonmarital property, and the § 61.075(6)(b) opt-out.
SB 1416 eliminated permanent alimony and added durational caps. What that reform means for alimony waivers in your prenup.
How § 61.079(6) governs amendments and revocations, and when a postnuptial agreement is the right instrument instead.
Florida law does not require counsel — but § 61.079(7)(a) makes its absence a central factor if the agreement is later challenged.
Choice-of-law under § 61.079(4)(a)8, interstate enforceability, and how the Uniform Premarital Agreement Act travels with you.
Classification, valuation and disclosure of Bitcoin, Ethereum and other digital assets under § 61.079.
Protecting children from a prior marriage, retirement accounts, and existing support obligations under § 61.079.
The I-864 Affidavit of Support vs. alimony waivers, translation and voluntariness, and foreign assets — the three questions international couples face.
How Fla. Stat. § 61.079 works with federal law — USFSPA division of retired pay, the frozen benefit rule, SBP, TSP, VA disability limits, and deployment timing.
What drives complexity, drafting versus review, high-net-worth agreements, and why a template is a false economy.
The requirements under Fla. Stat. § 61.079, what makes a prenup invalid, whether alimony can be waived, and how Florida courts review them.
Timing and the different legal standards (§ 61.079 vs. Casto v. Casto), why postnups face closer scrutiny, and which is stronger.
Protecting a closely held business, inheritance and trusts, equity compensation, multi-state assets, and coordinating with your estate plan.
From second marriages and homeownership to business ownership and student debt — when a prenup makes sense, and how to bring it up.
Since July 2023 (HB 1301, § 61.13), Florida presumes equal 50/50 time-sharing is in the child's best interest. How the rebuttable presumption works and how to overcome it.
Read the articleResidency, the petition, service, financial disclosure, the parenting course, mediation, and final judgment — each step with the statute behind it.
Florida residency, personal jurisdiction, choice of law, foreign prenups, enforcement abroad, and Hague Convention considerations.
Vested vs. unvested equity, coverture formulas, valuation methods, tax implications, and double-dipping analysis for executives.
Revocable vs. irrevocable, discretionary vs. mandatory, distributions during marriage, spendthrift clauses, and foreign trusts.
Business valuation, hidden asset investigation, lifestyle analysis, income normalization, costs, and how to choose one.
Business valuation, marital vs. non-marital classification, marketability discounts, double-dipping with alimony, and how to protect your business before and during divorce.
The 50/50 starting point, what adjusts it, and how the marital home, retirement accounts, businesses, and stock options are actually divided under Fla. Stat. § 61.075.
The July 2023 law ended permanent alimony and capped durational alimony in both length and amount. The new § 61.08 rules, with the marriage-length caps in a single table.
Read the articleFlorida's 2023 reform replaced permanent alimony with four time-limited categories: bridge-the-gap, rehabilitative, durational, and temporary. What each one is and how courts decide.
Read the articleNew: Florida Family Law Glossary → — plain-English definitions of 32 essential terms from alimony to time-sharing.
When and how Florida courts modify support orders — substantial change in circumstances, retirement, supportive relationships, and the procedural steps to file.
Read the articleCourt filing fees, mediation and expert witnesses — what actually drives a Florida divorce. Honest breakdown from a Miami family law attorney.
Read the articleThe Form 12.902 financial affidavit, 45-day deadline, required attachments under Rule 12.285, common mistakes, and penalties for false statements.
Read the articleFlorida's 20-day minimum, 60–90 days uncontested, 6–18 months contested. What slows down or speeds up a Miami-Dade divorce.
Read the articleDocuments, questions, and details to bring to your first meeting with a Florida divorce attorney — so the consultation is focused and efficient.
Read the articleFlorida is a no-fault state. You can file even if your spouse refuses. Service by publication, default judgments, and what happens if your spouse won't engage.
Read the articleCompares OurFamilyWizard, Fayr, TalkingParents, AppClose with court admissibility under Fla. Stat. § 90.803, features, costs, and Nadia's video on co-parenting and documentation.
Read the articleFla. Stat. § 61.13 substantial-change standard, what qualifies vs. doesn't, the best-interests factors, and the procedural steps to modify.
Read the articleFlorida's 50-mile relocation rule, the two paths (agreement vs. petition), the 11 statutory factors, and the consequences of moving without permission.
Read the articleMarital vs. non-marital portions, valuation methods, and protecting an active business through a high-net-worth divorce.
Read the articleForensic accounting, lifestyle audits, subpoenas, and the disclosure rules under Fla. Stat. § 61.075 that make hiding assets risky.
Read the articleEquitable distribution, exclusive use and possession, refinance vs. sale, and how Florida courts decide who keeps the house when minor children are involved.
Read the articleWhen mediation works, when it doesn't, what to expect at a Florida mediation, and how Miami-Dade and Broward courts use it.
Read the articleTell us about your situation and Nadia Pazos will follow up personally. Bilingual · Hablamos Español · 305-482-1262.
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