Postnuptial Agreements in Palm Beach County and Boca Raton
Quick Answer
Yes, married couples in Palm Beach County and Boca Raton can sign a postnuptial agreement, and Florida courts enforce one that is fair and based on full disclosure. A postnup is not governed by the premarital-agreement statute, Fla. Stat. § 61.079; courts review it under Casto v. Casto, 508 So. 2d 330 (Fla. 1987). Waivers of rights at death signed after the wedding also require each spouse to make “a fair disclosure to the other of that spouse’s estate” (§ 732.702(2)).
Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews postnuptial agreements for married couples in West Palm Beach, Boca Raton, Delray Beach, Jupiter and Wellington, by video or in person, in English or Spanish: (305) 482-1262.
Why Palm Beach County Couples Sign a Postnup
The reasons we see most often from married couples in the county:
- An inheritance or family gift arrived after the wedding. An inheritance is nonmarital when received, but mixing it with joint funds or using it for a joint home can change that. A postnup records that it stays separate. See protecting an inheritance.
- A business started or grew during the marriage, or a spouse is joining it. Growth from either spouse’s work during the marriage can be marital (§ 61.075(6)(a)1.b.). See prenups and postnups for business owners.
- A later marriage with children from a prior one, where each spouse wants to leave a home or retirement accounts to their own children. Waiving the elective share or homestead rights after the wedding requires the fair disclosure in § 732.702(2).
- Reconciling after a separation, when both spouses want to stay married but write down how property and support would be handled if they later divorce.
- No prenup before the wedding, often because the wedding came quickly. A postnup can now cover what a prenup would have.
What Florida Law Looks For in a Postnup
Because § 61.079 applies only to agreements made “in contemplation of marriage,” a postnup is reviewed under Casto v. Casto, which looks at whether it was fair and whether each spouse had full disclosure or knowledge of the other’s finances. In practice, a strong postnup has:
- Full, written financial disclosure from both spouses: assets, debts and income, attached to the agreement.
- No fraud, duress, coercion or overreaching, and time to consider the draft.
- Separate lawyers. One lawyer cannot advise both spouses; each should have independent advice.
- Witnesses for any death-rights waiver. A waiver of the elective share, homestead or other rights at death must be signed “in the presence of two subscribing witnesses” (§ 732.702(1)), and no consideration other than signing it is needed for that waiver (§ 732.702(3)).
A postnup cannot limit child support or decide custody; the court decides those based on the child’s best interests. For the full legal background, see the Florida postnuptial agreement guide.
Postnups and the Palm Beach County Courts
Palm Beach County is the Fifteenth Judicial Circuit. If a couple with a postnup later divorces there, the agreement is raised in that case, and the judge decides whether it is enforceable under Casto. A postnup is not filed with the court when it is signed; each spouse keeps a signed original. For couples in Palm Beach Gardens, see our page for that city.
Asked to Sign a Postnup Your Spouse’s Lawyer Drafted?
Many of our postnup clients did not draft the agreement; their spouse’s lawyer did. An independent review explains what you would give up (a share of the marital home, retirement accounts, alimony, rights at death), checks the financial disclosure, and asks for the changes you need before you sign. Reviews can be done by video for clients in Boca Raton, Delray Beach, Jupiter and Wellington.
How the Process Works
- A confidential consultation, in person in Coral Gables or by video.
- Both spouses exchange financial disclosure.
- We draft the agreement, or review your spouse’s draft and negotiate changes.
- Both spouses sign, with two witnesses if rights at death are waived.
Frequently Asked Questions
Who drafts postnuptial agreements in Palm Beach County?
Pazos Law Group, a family law firm in Coral Gables, drafts and reviews postnuptial agreements for married couples across Palm Beach County, including West Palm Beach, Boca Raton, Delray Beach, Jupiter and Wellington, by video or in person, in English or Spanish. Call (305) 482-1262.
Is a postnuptial agreement enforceable in Florida?
Yes, if it is fair and both spouses made full disclosure. Florida courts review postnups under Casto v. Casto, 508 So. 2d 330 (Fla. 1987), not under § 61.079.
My spouse inherited money. Can a postnup keep it separate?
Yes. The postnup can state that the inheritance, and what it is exchanged for, stays the inheriting spouse’s separate property, and how it should be kept apart from joint accounts.
We live in Boca Raton. Do we have to meet in person?
No. Consultations, review and negotiation can be done by video; the signing can be arranged with the required witnesses.
Does a postnup have to be filed with the court?
No. It is a private contract between the spouses. It comes before a court only if one of them later relies on it in a divorce or after a death.
Primary Sources
- Fla. Stat. § 732.702 — waiver of spousal rights: (1) two subscribing witnesses, (2) fair disclosure after marriage, (3) consideration.
- Fla. Stat. § 61.079 — premarital agreements (does not govern postnups).
- Fla. Stat. § 61.075 — equitable distribution.