What can you put in a Florida prenup?
Quick Answer: A Florida prenup can cover your property, a business, alimony, life insurance, what happens at death, and which law applies. It can't reduce child support or set custody.
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.
Attorney advertising. General information, not legal advice. Dramatization: actors, plus Nadia Pazos as herself.
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Video transcript
0:00 What can you put in a Florida prenup?
What can you put in a Florida prenup? Property, a business, alimony, life insurance, what happens at death, and which law applies. But not child support, and not custody.
0:10 Can a prenup cover property we get during the marriage?
A Florida prenup can cover property wherever it is, and whenever you got it, before the wedding or after. That includes your home, savings, investments and income. It can say who manages things, and who keeps what after a divorce, a separation, or a death.
0:27 Can a prenup protect my business?
Without a prenup, growth in a business during the marriage can count as shared property in a Florida divorce, especially growth that came from your work. A prenup can say the business, and its growth, stays yours.
0:40 Can a prenup cover alimony?
A prenup can set alimony, change it, or rule it out. There's one limit. If giving up alimony would leave a spouse needing government benefits, a court can still order some support. That's set by Florida law, and a prenup can't change it.
0:54 What about an inheritance or retirement accounts?
In Florida, an inheritance is usually treated as yours alone, but mixing it with shared money can change that. A prenup can say it stays yours, however you hold it. Retirement accounts can be covered too, but many workplace plans need the spouse's consent signed again after the wedding.
1:12 Can a prenup cover what happens if one of us dies?
A prenup can require a will or a trust, and decide who gets a life insurance payout. It can also give up rights a spouse would otherwise have at death. If you live in Florida, that part must be signed in front of two witnesses.
1:27 Can we choose which law applies, and add other terms?
A prenup can say which state's or country's law applies. And Florida's law has a catch-all: any other matter, as long as it doesn't break a criminal law or go against Florida's public policy. That's where couples cover things like who pays which debts, and how joint accounts work.
1:43 What can't a prenup do?
A prenup can't reduce a child's right to support. It can't set custody. A court decides that, based on what's best for the child. And anything the prenup leaves out follows Florida's normal rules. You can change it after the wedding, but only in writing, signed by both of you. Pazos Law Group drafts and reviews Florida prenups, in Coral Gables or by video, in English and Spanish. Visit pazoslawgroup.com. Attorney advertising. General information, not legal advice.