Can a Prenup Be Changed After Marriage in Florida?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 2026 · ← All blog posts

Yes. Florida law allows a prenuptial agreement to be amended or revoked after marriage — but only if both spouses agree in writing. Here is exactly what the statute requires and what your options are.

Quick Answer

Yes. Under Fla. Stat. § 61.079(6), a prenuptial agreement may be amended, revoked, or abandoned after marriage — but only by a new written agreement signed by both parties. An oral agreement is not enough. The amendment is subject to the same enforceability requirements as the original prenup, including voluntariness and fair disclosure.

What the Statute Says: § 61.079(6)

The language is direct. Fla. Stat. § 61.079(6) provides:

“After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties.” — Fla. Stat. § 61.079(6)

Three key words matter: amended (changed), revoked (canceled entirely), and abandoned (treated as no longer in effect by mutual conduct, though courts prefer written documentation). The writing requirement mirrors the formality of the original agreement under § 61.079(3).

How to Amend a Prenup After Marriage

An amendment changes specific terms while keeping the rest of the agreement intact. To amend a Florida prenup after marriage:

Both spouses must agree. One spouse cannot unilaterally change the prenup.
The amendment must be in writing and signed by both parties. This is the statutory requirement of § 61.079(6).
The amendment should reference the original agreement by date and specify which provisions are being changed.
Full financial disclosure is advisable. While the statute does not explicitly require new disclosure for amendments, the enforceability analysis under § 61.079(7)(a) still applies.

Common reasons to amend include a significant change in income, a new business, the birth of children, an inheritance, or a decision to change how property acquired during the marriage will be classified.

How to Revoke a Prenup Entirely

Revocation cancels the entire agreement. After revocation, the couple’s rights revert to what Florida law provides by default — equitable distribution under § 61.075, alimony under § 61.08, and the other provisions of Chapter 61.

The process is the same: a written agreement signed by both spouses stating that the prenuptial agreement is revoked. There is no requirement to file this with a court, but keeping the signed revocation with the original agreement is prudent.

Amendment vs. Postnuptial Agreement

If the changes are extensive, a couple may be effectively creating a new agreement rather than amending the old one. This is called a postnuptial agreement. Florida does not have a separate postnuptial agreement statute — postnups are governed by general contract law and Casto v. Casto, 508 So. 2d 330 (Fla. 1987).

The practical difference: a prenup amendment under § 61.079(6) does not require separate consideration because the original marriage serves as consideration. A standalone postnuptial agreement, however, generally requires mutual promises or other bargained-for exchange because the marriage has already occurred.

Will the Amendment Be Enforceable?

An amendment faces the same enforceability analysis as the original prenup. Under § 61.079(7)(a), it can be challenged on the grounds that a spouse did not sign voluntarily, it was the product of fraud, duress, coercion, or overreaching, or it was unconscionable when signed combined with inadequate financial disclosure.

Because spouses owe each other a duty of good faith during marriage, courts may scrutinize amendments more carefully than the original prenup. Full disclosure and independent counsel for each spouse strengthen enforceability.

Common Changes Couples Make

Adding property. A spouse starts a new business or receives an inheritance and wants to clarify how it will be treated.
Changing alimony terms. The original prenup waived alimony, but circumstances have changed significantly.
Removing sunset clauses. Some prenups expire after a certain number of years of marriage.
Updating estate planning provisions. Changes to wills, trusts, or life insurance beneficiaries under § 61.079(4)(a).

Frequently Asked Questions

Can one spouse change a prenup without the other's consent?

No. Under Fla. Stat. § 61.079(6), a prenup can only be amended, revoked, or abandoned by a written agreement signed by both parties. One spouse cannot unilaterally change the terms.

Does amending a prenup require a lawyer?

It is not legally required, but it is strongly recommended. An amendment that is poorly drafted or signed without proper disclosure can be challenged under § 61.079(7)(a). Independent counsel for each spouse protects the amendment's enforceability.

Is there a time limit to change a prenup after marriage?

No. Florida law does not impose a deadline. Spouses can modify the agreement at any point during the marriage, as long as both agree in writing.

Can you add a prenup clause about children born during the marriage?

You can add provisions about property and financial matters, but a prenup cannot adversely affect a child's right to support under § 61.079(4)(b). Custody and time-sharing are decided by the court under § 61.13.

Speak With a Florida Prenuptial Agreement Attorney

Tell us a little about your situation and Nadia Pazos will follow up personally — confidential, bilingual EN/ES. Prefer to call? (305) 482-1262.

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This article is general legal information about Florida law and is not legal advice. Whether a prenuptial or postnuptial agreement is enforceable depends on the specific facts, the parties’ disclosures, and the circumstances of signing. Reading this content does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your situation.