Prenuptial agreements, or “prenups,” are no longer just for the rich and famous. In Florida, they’re a practical tool for couples who want to clarify financial expectations and protect themselves in case of divorce. But how do prenups work under Florida law, and what can they actually cover?
In this article, we’ll break down what Florida couples need to know about prenuptial agreements, from property division and inheritance rights to alimony and legal enforceability.
Equitable Distribution of Property in Florida
Under Florida law, everything acquired during the marriage, from income to debts, is generally considered marital property. In a divorce, that property is divided according to the principle of equitable distribution, which means a fair (but not always equal) split.
Without a valid prenup, Florida courts assume a 50/50 starting point. But with a prenup, couples can override the default rules and decide in advance how property and debts will be divided.
Prenups can also protect non-marital assets, like inheritances or gifts, but beware: if those assets are commingled (e.g., mixing inherited money with joint accounts), they may lose their protected status.
Can You Waive Inheritance Rights in Florida?
Yes. Florida law allows spouses to waive their rights to inherit from one another’s estate — including the right to an elective share (typically 30% of the estate if disinherited).
Without a prenup or postnup, the surviving spouse is usually entitled to a large portion of the estate, even if there’s no will. But a valid marital agreement can change that — as long as it’s done voluntarily and with fair financial disclosure.
Alimony and Attorneys’ Fees: What Can Be Waived?
Florida allows prenups to address alimony (spousal support) — but with limits.
A prenup can include a waiver of alimony after divorce, but not during the divorce process. Florida courts maintain a strong public policy in favor of a “level playing field,” so temporary alimony and legal fees cannot be waived.
Long-term alimony waivers are enforceable if the agreement is fair, voluntary, and based on proper disclosure of both parties’ financial situation.
When Is a Prenup Enforceable in Florida?
Florida courts will generally enforce a prenuptial agreement if:
-It was voluntarily signed
-Each party made fair and reasonable disclosure of assets and income
-The agreement is not unconscionable or wildly one-sided
Under the leading Florida case Casto v. Casto, a prenup may be set aside in two circumstances:
1. If it was obtained through fraud, duress, coercion, or misrepresentation
2. If it makes an unfair or unreasonable provision for one spouse, based on their financial and personal circumstances at the time
Key Takeaways for Florida Couples
-A Florida prenup can override default rules on property division, inheritance, and alimony, but not child support or temporary spousal support.
– Both parties must provide full financial disclosure and sign voluntarily.
– A well-drafted prenup is a proactive way to reduce future conflict and protect both parties’ interests.
Need Help Drafting a Florida Prenup?
Every couple’s situation is different — and so is every prenup. Whether you’re protecting family wealth, addressing future inheritances, or just wanting clarity, an experienced attorney can help draft a fair and enforceable agreement.
