Does a Florida Prenup Protect Future Assets and Earnings?
Quick Answer
Does a Florida prenup protect future assets and earnings? It can. A prenup can address property rights of either or both parties, “whenever and wherever acquired or located” (§ 61.079(4)(a)1.). Without an agreement, § 61.075(6)(a)1.a. applies: assets acquired during the marriage are marital, individually or jointly. With one, § 61.075(6)(b) makes assets and liabilities excluded by a valid written agreement nonmarital and therefore outside equitable distribution.
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenuptial and postnuptial agreements, in English or Spanish: (305) 482-1262.
What Happens Without a Prenup
- § 61.075(6)(a)1.a. — assets acquired during the marriage are marital, individually or jointly.
- The appreciation on property you already own, which under § 61.075(6)(a)1.b. becomes marital to the extent either party’s efforts or marital funds increased it.
What a Prenup Can Set Now for Later
- Property rights of either or both parties, “whenever and wherever acquired or located” (§ 61.079(4)(a)1.).
- 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.
- Business interests and ownership stakes, defining whether appreciation in a business during the marriage is marital or non-marital property.
- Prenup clause keeping all inheritances — received or future — plus their income and appreciation, nonmarital (§ 61.079(4)(a)1.–3.).
- A prenup can keep a 401(k), IRA, or pension you hold before marriage as separate property and set how any contributions or growth during the marriage are treated.
If a valid prenup says a spouse’s business is nonmarital property, the court cannot distribute it — even if it appreciated significantly during the marriage. See how a prenup changes equitable distribution under § 61.075.
The One Fixed Limit
One limit is fixed: “The right of a child to support may not be adversely affected by a premarital agreement” (§ 61.079(4)(b)).
Frequently Asked Questions
Can a prenup protect a business I start after the wedding?
Business interests and ownership stakes can be addressed in the agreement, defining whether appreciation in a business during the marriage is marital or non-marital property. See prenups for business owners in Florida.
What about a future inheritance?
Prenup clause keeping all inheritances — received or future — plus their income and appreciation, nonmarital (§ 61.079(4)(a)1.–3.). See protecting an inheritance with a Florida prenup.
What should we write down first?
See how to get a prenup in Florida, step by step and the Florida prenup checklist.
Primary Sources
- Fla. Stat. § 61.079 — premarital agreements, including content (subsection 4).
- Fla. Stat. § 61.075 — equitable distribution; marital and nonmarital assets.
Related Reading
- Florida prenuptial agreement attorney
- What a Florida prenup can include under § 61.079(4)
- Retirement accounts in a Florida prenup
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