Married and Own a Florida Business? What a Postnup Can Protect

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 25, 2026

For a married small-business owner, the practical starting point is a record of what you own, when you acquired it and how money moves between the company and your household. Those details help frame what you want a postnup to address.

Did You Start the Business Before or During Marriage?

A business owned before marriage generally starts as nonmarital property. But the original interest and its later increase in value are separate questions. Under § 61.075(6)(a)1.b., growth resulting from either spouse’s efforts during marriage or contributions of marital funds is marital. Owning the company before the wedding does not, by itself, make all later growth separate.

A business started or acquired during marriage is marital by default. Section 61.075(6)(b)4. recognizes assets excluded by a valid written agreement as nonmarital. For spouses who are already married, a postnup can provide that written agreement. The proposed terms should identify the ownership interest and address growth expressly.

Consider a generic childcare-center owner who opened before marrying and continued working in the business afterward. Start with the ownership and value at marriage, then identify later work and contributions. If the center opened after the wedding, say that clearly. These are different histories to review, even if today’s ownership documents look similar.

Bring the Documents That Identify Your Interest

“My business” may describe a company, a share of a company or several related entities. Give the drafting lawyer the documents behind that description. The postnup should fit the operating, shareholder or partnership agreement, including relevant ownership and transfer provisions.

• Entity and ownership records: formation documents, an ownership schedule or capitalization table, and records showing when you acquired shares, membership units or a partnership interest.
• Agreements among owners: the operating, shareholder or partnership agreement and any buy-sell terms or amendments.
• A short timeline: the marriage date, formation or acquisition date, later ownership changes and contributions from personal or joint accounts.

If your spouse works in the business, explain the role and how compensation is handled. If there are other owners, identify your actual interest rather than describing the entire company as yours. Note missing records so the review can focus on what still needs clarification.

Bring Valuations and the Records Behind Them

Gather available valuation reports, financial statements, tax returns and information about business debts or personal guarantees. Label each valuation with its date and explain what it covers. An older report may describe the company at a different stage from the business being discussed today.

Ask whether the available information adequately explains the business’s value for disclosure and whether more valuation work is needed. Distinguish a documented value from your own estimate. If the spouses disagree about value, identify the disagreement before treating a figure as settled in the draft.

Discuss how the agreement would determine value if a later payment to a spouse depends on it. The proposed method and valuation date deserve attention alongside the decision about who keeps the business. A classification clause and a way to calculate an agreed payment answer different questions.

Separate Salary, Distributions and Money Left in the Company

Bring salary records, distribution records and statements showing transfers to household accounts. Identify profits retained in the company as well as money paid out. The business interest, compensation for work and income from ownership should each be visible in the discussion.

Salary earned during marriage is marital. Income from nonmarital assets has a qualification under § 61.075(6)(b)3.: its treatment depends on whether the spouses treated, used or relied upon it as a marital asset. Do not assume that a distribution is separate merely because it came from a business owned before marriage.

Ask how the proposed terms handle salary, distributions, retained earnings and later contributions from marital funds. If joint money helped expand the business, bring the transfer records and discuss whether the agreement addresses repayment or another allocation. Specific records make the proposed arrangement easier for both spouses to understand.

Disclosure and Separate Counsel Are Part of the Process

Florida reviews postnups under case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Fraud, deceit, duress, coercion, misrepresentation or overreaching can support setting an agreement aside. If a spouse establishes that the terms are unfair or unreasonable, the defending spouse must address the resulting presumption through full and fair disclosure or the other spouse’s general knowledge of the marital property.

Prepare written disclosure of assets, debts and income for both spouses, including the business records. Give each spouse time to ask questions, obtain separate legal advice and discuss revisions before signing. A spouse’s familiarity with day-to-day operations is not a reason to skip a written financial picture.

Each spouse should have separate counsel to review the proposed terms and their financial effect. For the broader framework, read our Florida postnuptial agreement overview. If you are planning before marriage instead, our Florida prenups for business owners page addresses that different agreement framework.

Turn the Records Into a Drafting Conversation

Write down what you want addressed: existing ownership, future growth, income, contributions and what happens if the business is sold. If a sale is being discussed, bring available transaction drafts and identify what remains tentative. Different payment rights should be described rather than grouped under a single expected payout.

Bring any existing marital agreement or draft from your spouse’s lawyer. Pazos Law Group can discuss drafting or reviewing a postnup; meetings are available at its Coral Gables office or by video. Start with the ownership history and the terms you want reviewed, then work through the supporting documents.

Sources & Related Reading

• Florida Statutes § 61.075: marital and nonmarital property.
• Casto v. Casto, 508 So. 2d 330 (Fla. 1987): review of Florida postnuptial agreements.

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The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.