Florida Prenup With an Italian Spouse or Property in Italy: Separazione dei Beni, Comunione Legale and Disclosure (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 13, 2026

An Italian fiancé(e), a family home in Rome or Milan, a share in an Italian family company, or a couple who married in Italy under separazione dei beni and now lives in Miami: each raises the question of how Italian marital-property rules and Florida law fit together. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenups and postnups for couples with Italian ties, in English or Spanish: (305) 482-1262.

Two Systems, Two Formalities

• Florida: a premarital agreement “must be in writing and signed by both parties,” and “becomes effective upon marriage of the parties.” § 61.079(3), (5)
• Italy: “Le convenzioni matrimoniali debbono essere stipulate per atto pubblico sotto pena di nullità. La scelta del regime di separazione può anche essere dichiarata nell'atto di celebrazione del matrimonio” (art. 162).
• Limits in Italy: “Gli sposi non possono derogare né ai diritti né ai doveri previsti dalla legge per effetto del matrimonio” (art. 160).
• Third parties in Italy: marital agreements cannot be raised against third parties unless the date of the contract, the notary and the parties are noted “a margine dell'atto di matrimonio”, or the separation choice appears there (art. 162).

Watch the 2-minute answer: Can a Florida prenup cover assets in another country?

Which Law Governs the Property Regime?

For spouses who married, or chose the governing law, after 29 January 2019, Italy applies EU Regulation 2016/1103 (Italy is one of the participating states under Council Decision (EU) 2016/954, art. 1). The Regulation’s choice-of-law rules “shall apply only to spouses who marry or who specify the law applicable to the matrimonial property regime after 29 January 2019” (Reg. 2016/1103, art. 69(3)).

• Choice of law: spouses or future spouses may designate the law of a State where either of them “is habitually resident at the time the agreement is concluded”, or of “a State of nationality of either spouse or future spouse” (art. 22(1)). The agreement “shall be expressed in writing, dated and signed by both spouses” (art. 23(1)).
• No choice: the law of the State “of the spouses' first common habitual residence after the conclusion of the marriage” applies first (art. 26(1)(a)).
• Earlier marriages: Italy’s 1995 private international law statute provides that property relations follow the law governing the spouses’ personal relations, and that spouses “possono tuttavia convenire per iscritto” that the law of a State of which at least one is a citizen or resident applies (Legge 218/1995, art. 30).

A Florida prenup can include its own choice-of-law clause (§ 61.079(4)(a)7.). Whether Italy will treat a Florida agreement, or its choice of Florida law, as valid for property in Italy is a question a lawyer in Italy should confirm.

The Default: Italy’s Comunione Legale dei Beni

“Il regime patrimoniale legale della famiglia, in mancanza di diversa convenzione stipulata a norma dell'articolo 162, è costituito dalla comunione dei beni” (art. 159). The community includes, among others (art. 177):

• acquisitions made by the spouses together or separately during the marriage, other than personal property (letter a);
• “i frutti dei beni propri di ciascuno dei coniugi, percepiti e non consumati allo scioglimento della comunione” (letter b);
• “i proventi dell'attività separata di ciascuno dei coniugi se, allo scioglimento della comunione, non siano stati consumati” (letter c).

Personal property stays outside it, including property a spouse owned before the marriage and gifts or inheritances received during it unless the gift or will attributes them to the community (art. 179(a), (b)). Under separazione dei beni, “I coniugi possono convenire che ciascuno di essi conservi la titolarità esclusiva dei beni acquistati durante il matrimonio” (art. 215).

A contrast worth noticing: in Italy’s default regime, the unconsumed fruits of one spouse’s own property at the end of the community fall into it (art. 177, letter b). In a Florida divorce, “all income derived from nonmarital assets during the marriage” is nonmarital “unless the income was treated, used, or relied upon by the parties as a marital asset” (Fla. Stat. § 61.075(6)(b)3.). Rental income from an apartment in Italy is exactly where the two systems can point in different directions, so the agreement should say how it is treated.

Before or After the Wedding

Unlike Colombia or Brazil, Italy allows marital agreements at any time: “Le convenzioni possono essere stipulate in ogni tempo” (art. 162). Changes to an existing agreement need an atto pubblico with the consent of everyone who was a party to it (art. 163). Among other events, the comunione ends on legal separation and on a “mutamento convenzionale del regime patrimoniale” (art. 191).

Florida also has an after-the-wedding option: a postnuptial agreement. For couples who married in Italy and now live in Florida, it can state in Florida terms how their property is classified. See Florida postnuptial agreements.

Married Under Separazione dei Beni and Now Living in Florida

• Florida is not a community-property state. § 61.075(8) states that the section does not “establish community property in this state”; Florida divides marital assets by equitable distribution.
• A written agreement controls classification. Assets “excluded from marital assets and liabilities by valid written agreement of the parties” are nonmarital (§ 61.075(6)(b)4.). A separazione dei beni chosen by atto pubblico or declared in the marriage record is a written election; comunione legale that applies by default under art. 159 is not an agreement. How a Florida court weighs either depends on the documents and facts, which is why bringing the Italian marriage certificate and any convenzione to a Florida lawyer, and considering a Florida postnup, is the clearer route.
• Choice of law. A Florida agreement may choose “the choice of law governing the construction of the agreement” (§ 61.079(4)(a)7.).
• Foreign agreements. See Is a foreign or out-of-state prenup valid in Florida?

Inheritance: Italy Protects the Spouse and Restricts Inheritance Pacts

In Italy the spouse is a legittimario, a forced heir (art. 536): “A favore del coniuge è riservata la metà del patrimonio dell'altro coniuge, salve le disposizioni dell'articolo 542 per il caso di concorso con i figli” (art. 540). Italy also restricts agreements about a future inheritance: “è nulla ogni convenzione con cui taluno dispone della propria successione”, and equally void is any act by which someone “dispone dei diritti che gli possono spettare su una successione non ancora aperta, o rinunzia ai medesimi” (art. 458). A Florida prenup can include waivers of a spouse’s rights at death for Florida purposes (Fla. Stat. § 732.702); how an Italian estate will treat such a waiver is a question for a lawyer in Italy.

Disclosing Italian Assets

Florida’s unconscionability defense turns on whether the challenging party received “a fair and reasonable disclosure of the property or financial obligations of the other party,” waived further disclosure in writing, or had adequate knowledge (§ 61.079(7)(a)3.). For Italian assets, the schedules should give each property’s location and approximate value in euros and dollars, any mortgage, company holdings, Italian bank and pension accounts, and income from them. Supporting documents from Italy, with translations where a party does not read Italian, make the disclosure easier to prove later.

Pazos Law Group advises on Florida law and does not give opinions on Italian law. Where property is in Italy or the couple married or will marry there, we coordinate with the client’s Italian lawyer or notary so the Florida agreement and any Italian convenzione do not contradict each other.

Consultations in person or by video, in English or Spanish. Meet Nadia at our Coral Gables office or by video from Italy.

Frequently Asked Questions

Official Sources & Related Reading

• Codice civile, art. 162 (and arts. 159–215, 458, 536, 540) — Normattiva (official)
• Legge 31 maggio 1995, n. 218, art. 30 — Normattiva (official)
• Council Regulation (EU) 2016/1103, arts. 22, 23, 26, 69 — EUR-Lex (official)
• Council Decision (EU) 2016/954, art. 1 (participating states) — EUR-Lex
• Fla. Stat. § 61.079, Premarital agreements — Florida Senate
• Fla. Stat. § 61.075, Equitable distribution — Florida Senate
• Fla. Stat. § 732.702, Waiver of spousal rights — Florida Senate
• International Prenups in Florida
• Is a Foreign or Out-of-State Prenup Valid in Florida?
• Prenup When Marrying Abroad
• Florida Prenup With Brazilian Ties
• Esta página en español

The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. 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, and counsel licensed in any other state or country whose law may apply.