Boca Raton Postnuptial Agreement Attorney

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 23, 2026

Postnup Planning for Married Couples in Boca Raton

A postnuptial agreement gives married spouses a way to document proposed financial arrangements. For a Boca Raton household, the starting point may be a family company, a portfolio of rental properties, or different expectations about an inheritance. The useful question is which assets and decisions need to be addressed, not simply whether to use a standard form.

Boca Raton is in Palm Beach County. Pazos Law Group has one office, at 7225 Vistalmar Street, Coral Gables, Florida 33143; it does not have a Boca Raton office. A video meeting lets a Palm Beach County client discuss a proposed agreement without arranging an office visit. An in-person meeting takes place at the Coral Gables address.

Business Interests: Identify the Actual Interest

For a high-net-worth couple, a single line naming a company may leave important questions unanswered. Assemble ownership documents, available financial statements and information about debts associated with the interest. Identify whether the proposed terms concern shares, membership interests, distributions, sale proceeds or future contributions.

Florida Statutes § 61.075(6)(b)4. includes assets and liabilities excluded by a valid written agreement within the nonmarital category. That creates a reason to be precise about the property the spouses intend to exclude. It does not make every proposed exclusion valid merely because it appears in a signed document.

Ask how the draft handles a sale, a replacement investment or money later contributed from other accounts. Keep unclear valuations on a list for follow-up. Both spouses should be able to understand the interest being discussed and the financial effect of the proposed arrangement.

Investment Property: Work Through the Records

Prepare a property list that identifies each investment, how it is held, the associated borrowing and the available value information. Distinguish a property held directly from an interest in an entity that holds it. Those details help the reviewing lawyer understand what the draft actually describes.

Consider a hypothetical couple with a rental apartment and a separate investment account. A proposed agreement might address the apartment but say little about rent deposited into that account. Ask the lawyer to explain whether the wording addresses both the underlying property and its income, and how the spouses intend to handle later purchases or debt payments.

The income rule in § 61.075(6)(b)3. distinguishes income from nonmarital assets from income treated, used or relied upon as a marital asset. Review how income has actually been handled. Do not assume that a label in a schedule answers every question about its treatment.

Trust Interests and the Broader Family Plan

If a trust is involved, identify the trust, the spouse’s stated interest and any distributions reflected in the financial records. Bring the relevant documents for review instead of describing every trust interest as equivalent to an account owned outright. Flag any records that are unavailable and ask what is needed to explain the interest accurately.

A postnup review should also identify where the couple’s proposed terms overlap with their plans at death. Ask the reviewing lawyer which questions require coordination with counsel handling the trust or estate documents. The postnup should be considered alongside those documents; this page does not assess a particular trust’s terms.

Casto: Fairness and Disclosure Both Matter

Florida courts review a new postnuptial agreement under case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987), rather than the premarital agreement statute. Fraud, deceit, duress, coercion, misrepresentation and overreaching can support setting an agreement aside. An unfair or unreasonable agreement coupled with a lack of full asset disclosure can also be challenged.

For a household with substantial or complicated holdings, assess the terms against the disclosed finances. A large schedule is not necessarily an understandable schedule. Ask for explanations of estimates, ownership percentages and omissions, and allow room to discuss revisions. Separate lawyers can help each spouse examine the proposal from their own position.

Our Florida postnuptial agreement guide explains the statewide context. The same Florida framework informs review for Boca Raton clients.

Death-Rights Waivers Require Their Own Review

A provision governing divorce should not be mistaken for the full explanation of what happens at death. Section 732.702 addresses waivers of surviving-spouse rights, including elective-share, intestate-share and homestead rights. Read the scope of each waiver, any exceptions, and any broad language concerning all rights.

For an agreement executed after marriage, § 732.702(2) states:

Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage.

The statute requires two subscribing witnesses for covered waivers signed by Florida residents. For a nonresident, it provides a rule recognizing a waiver valid under the law where executed. The lawyer should check the applicable signing facts; a video consultation alone does not answer those questions.

Preparing for a Draft or Review Conversation

1. Identify the assets and concerns you want the agreement to address.
2. Gather the current draft, any prior marital agreement and the available financial schedules.
3. List unresolved questions about valuation, income, debts and death-rights waivers.
4. Discuss proposed changes and review the final wording before signing.

If your spouse’s lawyer prepared the agreement, say so when arranging the meeting. Pazos Law Group reviews the proposal for one spouse. Our Miami postnuptial agreement page describes the firm’s South Florida practice and Coral Gables location.

Frequently Asked Questions

Primary Sources

• Florida Statutes § 61.075(6)(b): nonmarital assets and liabilities
• Florida Statutes § 732.702: waiver of spousal rights
• Casto v. Casto, 508 So. 2d 330 (Fla. 1987): Florida postnuptial agreement review.

Related Reading

For the wider county service area, see postnuptial agreements in Palm Beach County.