Prenups for International Couples in Florida
In Miami, the couple signing a prenup often holds two passports between them. International couples face three questions domestic couples never do: what the green-card sponsorship promise does to an alimony waiver, how language affects enforceability, and what happens to assets abroad. Here are the answers under Florida law.
Quick Answer
Florida enforces prenups between citizens and non-citizens under the same statute, Fla. Stat. § 61.079. The three international wrinkles: a green-card sponsor’s I-864 Affidavit of Support obligation can survive a prenup’s alimony waiver (courts have enforced it anyway); language comprehension can matter to voluntariness, so professional translation and an opportunity for independent advice are prudent safeguards rather than statutory formalities; and foreign assets must be disclosed like any others.
The I-864 Affidavit of Support vs. the Alimony Waiver
When a citizen or resident sponsors a spouse’s green card, they sign USCIS Form I-864 — a legally enforceable promise to the federal government to maintain the immigrant at 125% of the federal poverty guidelines. That obligation ends only on events federal law lists — citizenship, 40 quarters of work credit, permanent departure, or death. Divorce is not on the list.
Here is the drafting problem: several courts have enforced the I-864 obligation even where a prenup waived spousal support — the Ninth Circuit’s Erler v. Erler, 824 F.3d 1015 (9th Cir. 2016), is the leading example, and courts remain divided on whether any premarital waiver can defeat it. A Florida prenup for a sponsored spouse should therefore be drafted with the I-864 in view: the alimony clause under Fla. Stat. § 61.079(4)(a)4. governs state-law support, while the federal support floor may persist regardless. Pretending otherwise sets up the exact litigation the agreement was meant to prevent.
Language, Translation, and Voluntariness
A prenup signed by someone who could not meaningfully read it is a prenup built for a voluntariness challenge under § 61.079(7)(a)1. The fixes are simple and cheap relative to the risk: a professional translation of the full agreement into the signing party’s language, independent counsel who can advise in that language (our office practices in English and Spanish), and a timeline that leaves real room to review — never a signature squeezed between a visa interview and a wedding date.
Foreign Assets and Cross-Border Enforcement
Disclosure under § 61.079(7) does not stop at the water’s edge: apartments in Bogotá or Madrid, foreign accounts, and family business interests abroad belong on the schedules. Choice-of-law and forum clauses — expressly permitted subjects under § 61.079(4)(a) — let the parties anchor the agreement in Florida law. One honest limit: whether a foreign court will honor a Florida prenup is a question of that country’s law, so couples with substantial assets abroad sometimes obtain mirror advice, or a parallel agreement, in that jurisdiction.
Why This Matters in Miami
More than half of Miami-Dade residents were born outside the United States. Cross-border marriages are our daily practice, not an edge case — and the prenups that hold up are the ones drafted by counsel who watch both the Florida statute and the federal immigration layer at the same time.
Frequently Asked Questions
Can an immigrant spouse sign a Florida prenup?
Yes — Fla. Stat. § 61.079 applies to citizens and non-citizens alike. The drafting, not the validity, is what changes.
Does a prenup cancel the I-864?
Often not — courts including the Ninth Circuit in Erler have enforced the sponsor’s obligation despite a waiver. Draft with the I-864 in view.
What if one party doesn’t read English?
Certified translation, counsel in their language, and unhurried review — the voluntariness protections that keep the agreement standing.
Do foreign assets go in the prenup?
Yes — full disclosure includes them, and choice-of-law clauses anchor the deal in Florida.
Primary Legal Sources
- Fla. Stat. § 61.079 — official Florida Legislature text
- 8 U.S.C. § 1183a — official U.S. Code
- Belevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021) — published opinion
Related Reading
- Is a Prenuptial Agreement Enforceable in Florida?
- Prenups and Inheritance Rights in Florida
- Military Prenuptial Agreements in Florida
- Florida Prenuptial Agreement Attorney — Practice Area
- Canadian Couple Marrying in Florida? Prenup Rules
This article is general legal information about Florida and federal law and is not legal advice or immigration advice. How a prenuptial agreement should address the I-864 obligation depends on the specific facts and evolving case law. Reading this content does not create an attorney-client relationship with Pazos Law Group. Please consult a licensed Florida attorney about your situation.