Florida Prenuptial Agreement FAQ

A prenup is worth considering if you or your fiance own a business, real estate, retirement or investment accounts, an inheritance or an expected inheritance, significant savings or significant debt, children from a prior relationship, or a professional practice. Without a prenup, Florida's equitable distribution law under Fla. Stat. § 61.075 decides how marital property and debt are divided if the marriage ends. A prenup lets you set those rules yourselves instead. Our free “Do You Need a Prenup?” quiz gives you a personalized read.

No. This is the most common myth about prenups. They protect people at every income level. A prenup can shield one spouse from the other's premarital debt, protect a small business or professional practice, keep an inheritance or a family home separate, define what stays separate versus marital, and set clear financial expectations before the wedding. You do not need to be wealthy to benefit — you only need assets, debt, or plans worth protecting.

Yes. Florida enforces prenuptial agreements under Fla. Stat. § 61.079, the Uniform Premarital Agreement Act. The agreement must be in writing and signed by both parties, and it is enforceable without any consideration other than the marriage itself. It becomes effective when you marry. A court will refuse to enforce it only if the person challenging it proves it was not signed voluntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable when signed without fair and reasonable financial disclosure.

No. Under Fla. Stat. § 61.079(3), a Florida prenup only has to be in writing and signed by both parties. The statute does not require notarization or witnesses. That said, notarizing the signatures and having each party use independent counsel are common best practices that help prove the agreement was signed voluntarily and make a later challenge harder. They strengthen enforceability but are not legal requirements.

Yes. Fla. Stat. § 61.079(4)(a)4. lets couples establish, modify, waive, or eliminate spousal support (alimony) in a prenup. Two limits apply: under § 61.079(7)(b), if a waiver would leave a spouse eligible for public assistance, a court may still order enough support to avoid that; and under § 61.079(7)(a) the whole agreement is unenforceable if it was not signed voluntarily or was unconscionable when signed without fair financial disclosure.

No. Under Fla. Stat. § 61.079(4)(b), a prenup cannot adversely affect a child's right to support. Child support, custody, time-sharing, and parental responsibility cannot be locked in ahead of time by a prenup. A court decides those issues based on the child's best interests when they actually arise, under Fla. Stat. § 61.13. Any prenup clause that tries to predetermine them is unenforceable.

An attorney-drafted Florida prenup generally starts around $3,000 for a straightforward situation. More complex agreements — involving a business, trusts, real estate, or multi-state assets — commonly run $5,000 to $15,000 or more. The cost reflects lawyer time to gather financial disclosures, negotiate terms, and draft an agreement built to withstand a later challenge. Compared with what is at stake in a contested divorce, a well-drafted prenup is usually a modest, one-time investment.

It is risky. A generic template does not account for Fla. Stat. § 61.079's disclosure and voluntariness requirements, the specifics of your assets, or the two-party negotiation that helps a prenup survive a challenge. Templates frequently omit adequate financial disclosure or independent review — exactly the gaps courts point to when refusing to enforce an agreement. An attorney-drafted agreement, generally starting around $3,000, is far more likely to hold up when it matters.

A prenuptial agreement is signed before the wedding and is governed by Fla. Stat. § 61.079. A postnuptial agreement is signed after you are already married and is governed by Florida case law rather than that statute — most notably Casto v. Casto, which sets the fairness and disclosure standards courts apply. Both can address property and alimony, and neither can decide child support or custody. Postnups face somewhat different, often stricter, scrutiny because the parties are already married.

As early as possible — ideally several months before the wedding, not days before it. Signing well ahead of time reduces any argument that a party was pressured or signed under duress, which is one of the grounds for challenging a prenup under § 61.079(7). A last-minute agreement presented on the eve of the wedding is far easier to attack. Give both sides time to review the terms, disclose finances, and get independent advice.

You are not legally required to, but independent counsel for each party is strongly recommended. Having separate lawyers helps show that both people understood the agreement and signed voluntarily — directly countering later claims of coercion, overreaching, or unconscionability under § 61.079(7). One attorney cannot ethically represent both sides. Separate representation is one of the best investments you can make in an enforceable prenup.

Yes. Under Fla. Stat. § 61.079(6), after you are married you can amend or revoke a prenup, but only by a written agreement signed by both spouses. The change is enforceable without any new consideration. You cannot alter a prenup by a verbal agreement or by conduct — it has to be in a signed writing. If your circumstances change substantially, review the agreement with an attorney.

Complete, documented financial disclosure is the foundation of an enforceable prenup. Each of you should gather a list of assets and their values (real estate, bank and investment accounts, retirement accounts, business interests), all debts, recent income documentation, and any expected inheritances or gifts. Full disclosure before signing is the single strongest defense against a later unconscionability challenge. Our free prenup checklist walks through everything to collect.

Under Fla. Stat. § 61.079(7), a court will refuse to enforce a prenup if the person challenging it proves it was not signed voluntarily, or that it was unconscionable when signed and that party was not given fair and reasonable disclosure of the other's finances, did not waive disclosure in writing, and had no adequate independent knowledge of those finances. In plain terms: pressure, fraud, or hiding assets are what sink a prenup — which is why voluntariness and full disclosure matter so much.

No. Fla. Stat. § 61.079(3) requires only that “A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.” Notarization is common practice for proof purposes but is not a statutory condition of enforceability.

Yes. § 61.079(4)(a)4. lets the parties contract about “The establishment, modification, waiver, or elimination of spousal support.” A valid waiver displaces the § 61.08 analysis, including the durational caps in § 61.08(8).

No. § 61.079(4)(b) provides that a premarital agreement may not adversely affect a child’s right to support. Child support is set under the § 61.30 guideline when the case is filed, and time-sharing is decided under § 61.13(2)(c)1. and the best-interests factors in § 61.13(3).

Three grounds under § 61.079(7)(a): the agreement was not executed voluntarily; it was the product of fraud, duress, coercion or overreaching; or it was unconscionable when executed and the challenging party was not given fair and reasonable financial disclosure, did not expressly waive disclosure in writing, and did not otherwise have adequate knowledge. Unconscionability “shall be decided by the court as a matter of law” under § 61.079(7)(c).

Yes, if valid. § 61.075(6)(b)4. classifies as nonmarital any assets and liabilities “excluded from marital assets and liabilities by valid written agreement of the parties.” Without such an agreement, § 61.075(1) requires the court to begin from the premise of an equal distribution.