What Can a Florida Prenup Include? — § 61.079(4)

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

Florida’s prenup statute gives couples broad freedom to structure their financial relationship before marriage — but not unlimited freedom. Here is exactly what § 61.079(4) permits, what it prohibits, and where the line is.

The Eight Permitted Categories — § 61.079(4)(a)1.–8.

Fla. Stat. § 61.079(4)(a) enumerates eight specific subjects that a premarital agreement may address. Each is listed with its pinpoint subsection:

1. Property rights and obligations (§ 61.079(4)(a)1.) — The parties may agree on the rights and obligations of each in any property of either or both, whenever and wherever acquired or located. This includes classifying property as marital or nonmarital regardless of how it would otherwise be treated under § 61.075 (equitable distribution).
2. Right to buy, sell, use, transfer, or manage property (§ 61.079(4)(a)2.) — A prenup can govern who controls specific assets during the marriage.
3. Disposition of property upon separation, dissolution, death, or any other event (§ 61.079(4)(a)3.) — This is the core asset-division provision. It allows couples to predetermine how property will be divided if the marriage ends.
4. Modification or elimination of spousal support (alimony) (§ 61.079(4)(a)4.) — A prenup can set alimony amounts, cap them, limit their duration, or waive them entirely. After the 2023 alimony reform (§ 61.08, as amended by SB 1416), the forms of alimony available are bridge-the-gap, rehabilitative, and durational.
5. Making a will, trust, or other arrangement (§ 61.079(4)(a)5.) — The agreement can require either party to create estate-planning documents that carry out the prenup’s terms.
6. Death benefits from life insurance (§ 61.079(4)(a)6.) — Ownership and beneficiary designations on life insurance policies can be fixed by the prenup.
7. Choice of law (§ 61.079(4)(a)7.) — The parties can choose which state’s law governs the agreement’s construction. This is important for couples who may relocate after marriage.
8. Any other matter not in violation of law or public policy (§ 61.079(4)(a)8.) — A catch-all provision. This allows provisions on topics not specifically listed, as long as they do not violate Florida law or public policy. Examples include pet custody, social media conduct clauses, and dispute-resolution provisions (such as requiring mediation before litigation).

“Parties to a premarital agreement may contract with respect to the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.” — Fla. Stat. § 61.079(4)(a)1.

The One Hard Limit: Child Support — § 61.079(4)(b)

Fla. Stat. § 61.079(4)(b) states plainly: “The right of a child to support may not be adversely affected by a premarital agreement.” This means:

• A prenup cannot waive, reduce, or cap child support.
• Child support is calculated under the § 61.30 guidelines at the time of dissolution, regardless of what the agreement says.
• A prenup cannot predetermine a parenting plan or time-sharing schedule. Custody is governed by the best-interests standard in § 61.13(2)(c)1.

Any provision that attempts to limit child support is unenforceable on its face. The rest of the agreement remains valid — the offending provision is severed, not the entire contract.

“The right of a child to support may not be adversely affected by a premarital agreement.” — Fla. Stat. § 61.079(4)(b)

Alimony Waivers After the 2023 Reform

§ 61.079(4)(a)4. expressly permits the “establishment, modification, waiver, or elimination of spousal support.” Since the 2023 reform of § 61.08 (SB 1416, effective July 1, 2023), permanent alimony no longer exists in Florida. The forms a prenup can now address are bridge-the-gap, rehabilitative, and durational alimony. A complete alimony waiver remains permissible, subject to the unconscionability analysis under § 61.079(7)(a)3. and the public-assistance safety valve in § 61.079(7)(b).

Overriding Equitable Distribution — § 61.075(6)(b)

One of the most powerful effects of a prenup is its interaction with Fla. Stat. § 61.075 (equitable distribution). Under § 61.075(6)(b), assets and liabilities excluded from marital property by a valid written agreement are nonmarital and therefore outside the court’s equitable distribution. In other words, a prenup lets couples opt out of Florida’s default property-division rules entirely or selectively.

What About “Lifestyle” Clauses?

The catch-all in § 61.079(4)(a)8. (“any other matter not in violation of law or public policy”) has been used to include provisions on topics such as:

• Dispute resolution (mediation or arbitration before litigation)
• Pet ownership and care
• Social media privacy provisions
• Infidelity consequences (enforceable in some jurisdictions, but Florida courts have not squarely ruled on “infidelity penalty” clauses; enforceability is uncertain)

The safer approach is to focus on the eight enumerated categories and use the catch-all sparingly for provisions that clearly do not violate public policy.

Frequently Asked Questions

Related Reading

• What Should Be Included in a Florida Prenup?
• Can a Prenup Waive Alimony in Florida?
• Can a Prenup Protect My Business in Florida?
• Florida Prenuptial Agreement Attorney — Practice Area
• Fla. Stat. § 61.079 — Florida’s Prenup Statute, Explained

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.