Prenuptial Agreements in Florida: What They Can and Can't Do
Short answer: A Florida prenuptial agreement is a written contract signed by both partners before marriage that can decide how property, debts and alimony are handled if the marriage ends, and what happens at death. It cannot limit child support or decide child custody in advance, and it can be challenged if it was signed under pressure, involved fraud, or was unfair without full financial disclosure.
A prenuptial agreement is not a prediction that a marriage will fail. For many couples it is a practical conversation about money that brings clarity, especially when one partner owns a business, has children from a prior relationship or brings significant assets into the marriage.
What a Florida prenup can cover
- Which assets stay separate and which become marital
- How property and debts will be divided in a divorce
- Whether alimony will be paid, waived or limited
- Rights in each other's estate, including homestead and elective share rights
- How a family business or professional practice is treated
- Which state's law governs the agreement
What it cannot do
Allowed
- Dividing property
- Waiving or limiting alimony
- Estate and inheritance rights
Not allowed
- Limiting or waiving child support
- Deciding time-sharing or custody in advance
- Encouraging illegal conduct
Temporary support: Florida courts have long held that a prenup generally cannot waive temporary support while a divorce is pending. Permanent arrangements can be addressed; temporary need during the case usually cannot.
What makes a prenup enforceable
Florida's Uniform Premarital Agreement Act requires a written agreement signed by both parties. It takes effect upon marriage. A spouse can challenge enforcement by showing that they did not sign voluntarily, that it was the product of fraud, duress, coercion or overreaching, or that it was unconscionable when signed and they did not receive fair disclosure of the other's finances.
Best practices
- Start early. Sign well before the wedding. Pressure close to the ceremony invites a duress challenge.
- Disclose fully. Exchange financial statements listing assets, debts and income.
- Separate lawyers. Each partner should have independent counsel review the agreement.
- Plan for change. Address children, career changes, business growth and long marriages.
The best prenup is negotiated calmly, months before the wedding, with nothing hidden.
Already married?
A similar agreement can be signed after the wedding. See postnuptial agreements in Florida.
When to talk to a lawyer
Heather Harris Law prepares and reviews prenuptial agreements for couples in Merritt Island and across Brevard County, with an eye toward how the agreement would hold up if it were ever tested in court.
Frequently asked questions
Are prenups enforceable in Florida?
Yes, if they are in writing, signed by both parties, and were entered into voluntarily without fraud or duress. Lack of fair financial disclosure can support a challenge if the agreement was unconscionable.
Can a prenup waive alimony in Florida?
A prenup can generally waive or limit alimony after a divorce, but Florida courts usually will not enforce a waiver of temporary support while the divorce is pending.
Can a prenup decide child custody or child support?
No. Child support cannot be limited by a prenup, and time-sharing is always decided based on the child's best interests at the time.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.