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Does a Florida Prenup Protect Future Assets and Earnings?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated

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

What a Prenup Can Set Now for Later

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

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