Does a Prenup Expire in Florida?
Quick Answer
Does a prenup expire in Florida? Not automatically. The section sets no expiration date. After marriage it can be amended, revoked or abandoned only by a written agreement signed by both spouses (§ 61.079(6)), and any statute of limitations on a claim under it is tolled during the marriage (§ 61.079(9)).
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.
Sunset Clauses
A sunset clause causes some or all of the prenup’s provisions to expire after a specified number of years or upon a triggering event. Florida law does not prohibit sunset clauses, and Fla. Stat. § 61.079(4)(a)8 allows parties to include any matter not in violation of law or public policy. The clause should be drafted precisely to avoid ambiguity.
A prenup can:
- Establish a sunset clause — eliminating alimony obligations if the marriage lasts beyond a specified number of years
Changing or Ending a Prenup
Section 61.079(6) provides: “After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.”
A spoken promise to “revisit it after the honeymoon” changes nothing; a term meant to expire has to be written in now. A move, standing alone, is not a revocation.
Removing sunset clauses. Some prenups expire after a certain number of years of marriage. See can a prenup be changed after marriage?
When You Are Reviewing a Draft
Proposed revisions. Concrete redlines — a sunset provision, a carve-out for the marital residence, a support floor instead of a total waiver, a requirement that disclosure schedules be completed and attached.
See independent prenup review and what to check before signing a prenup.
Primary Sources
- Fla. Stat. § 61.079 — premarital agreements; content (4)(a)8, amendment and revocation (6), limitation of actions (9).
Related Reading
- Florida prenuptial agreement attorney
- Can I get out of a prenup I signed?
- Fla. Stat. § 61.079, explained
Attorney advertising. General information, not legal advice.