Prenuptial & Postnuptial Agreements in Florida: 2025 Guide

This page explains your options for protecting assets and ensuring clarity in marriage with Florida prenuptial and postnuptial agreements—covering what these agreements can do, enforceability requirements, and how Joel E. Greenberg Law serves clients in Plantation, Broward County, and South Florida.

What Is a Prenuptial Agreement?

A prenuptial agreement (prenup) is a written contract between two individuals before marriage that establishes how financial matters, property, and spousal support will be handled in the event of divorce or the death of a spouse. Prenups in Florida are governed by the Uniform Premarital Agreement Act and Florida Statute §61.079. These agreements take effect only after marriage but must be signed in advance. They offer couples the peace of mind of knowing their wishes are clear and enforceable before tying the knot.

What Is a Postnuptial Agreement?

Postnuptial agreements (postnups) are contracts entered into by spouses after marriage. They serve the same general purposes as prenups—clarifying property rights, management of debts, and future asset division. Postnups are particularly useful when financial circumstances change, a business is started, or there’s an inheritance or gift acquired during marriage. The requirements are similar but courts scrutinize postnups more closely because spouses have fiduciary duties to each other once married.

Why Consider a Marital Agreement?

• Protect assets owned before marriage, including businesses, real estate, investments, or family property
• Clarify what will and won’t be considered marital property in the event of divorce
• Control spousal support—setting or waiving alimony (with some limits under Florida law)
• Shield yourself from a future spouse’s debts and financial obligations
• Protect business interests or professional practices if one or both spouses are entrepreneurs
• Plan for blended families, second marriages, or children from prior relationships
• Avoid protracted, costly divorce battles by deciding key financial terms in advance

What Can Be Included in Florida?

According to Florida Statute 61.079, a prenup or postnup can address:

• Rights in any property, regardless of when or where acquired
• How assets and debts are managed and divided
• Spousal support (alimony) agreements (except temporary support)
• Estate planning arrangements, such as life insurance beneficiaries and trusts
• Management of business or professional interests
• Choice of law for interpreting the agreement
• Other non-criminal, personal obligations agreed upon between spouses

Child support and timesharing provisions are not enforceable in a prenup/postnup, as those issues are always decided according to the child’s best interests at the time of separation or divorce.

What Makes an Agreement Enforceable?

• Must be in writing, signed by both parties, and entered voluntarily, without coercion or pressure
• There must be full and fair financial disclosure—hiding assets can render the agreement invalid
• The agreement can’t be “unconscionable” (grossly unfair) at the time it was signed
• Certain technical requirements (like notary, witnesses) can enhance validity but are not always required by statute

Courts in Broward County and throughout Florida will not enforce terms that limit temporary alimony, prejudice a party’s eligibility for public assistance, or try to fix custody/support before a child is born.

How to Modify or Challenge an Agreement?

Both prenups and postnups can be changed or revoked, but only by a later written and signed agreement by both spouses. Common reasons for challenge include fraud, coercion, lack of financial disclosure, or unconscionable/unfair terms. If circumstances have changed significantly, Florida law allows couples to update prenups with a postnuptial agreement or simply add a written amendment. An experienced attorney can review your agreement for enforceability and fairness.

How to Protect a Business or Inheritance?

It’s not just about divorce protection. Florida businesses, professional practices, and separate inheritances often become entangled with marital finances. A carefully drafted prenup or postnup can prevent a company or family legacy from being divided, ensuring clear rules about management, profit, and growth. This is especially important for startups, family businesses, real estate partnerships, and inherited wealth in Broward County and South Florida.

Special Situations: Blended Families, Second Marriages

Couples entering second marriages or with children from previous relationships often use marital agreements to define inheritance rights, clarify financial obligations, and ensure children’s interests are protected. Prenups/postnups help prevent future disputes and keep everyone’s expectations clear—not just for the spouses, but for extended families and future generations.

Why Local Legal Guidance Matters

Plantation, Broward County, and South Florida judges look closely at marital agreements—especially when enforcing or changing them. Joel E. Greenberg Law drafts, reviews, and negotiates marital agreements that are thorough, fair, and tailored to complex finances or blended families. Our team ensures agreements comply with the Uniform Premarital Agreement Act, covers every local legal nuance, and anticipates court scrutiny. Protect your future by working with an experienced family law attorney who knows the local courts and Florida law inside and out.

Contact Joel E. Greenberg Law for Marital Agreement Guidance

Considering a prenup or postnup, amending an existing agreement, or concerned about protecting assets? Schedule a free, confidential consultation in Plantation, Broward County, or anywhere in South Florida with Joel E. Greenberg Law. We’ll help you build a smart, enforceable plan for your marriage and your peace of mind.

Frequently Asked Questions

Can I include child support or custody in my prenup?

No. Those issues are always decided by the court based on the child’s best interests at the time of separation.

Is a prenup valid without both sides providing financial disclosure?

Generally no; full and fair disclosure is mandatory for enforceability.

Can a prenup or postnup be modified after marriage?

Yes—with both parties’ written, signed consent or by creating a postnuptial agreement with new terms.

Does a prenup protect my Florida business or inherited property?

Yes. A prenup, if properly drafted, can keep business and inheritance separate from marital assets.

Can a court throw out a prenuptial or postnuptial agreement?

Yes, if it is unconscionable, fraudulent, or wasn’t voluntarily signed or fully disclosed.

Who should consider a marital agreement?

Anyone with premarital assets, business interests, children from a prior relationship, plans for inheritance, or concern about possible future disputes.

Will a marital agreement hold up in Broward County court?

Properly drafted, yes—but judges will always review for fairness, adherence to the law, and full disclosure.

Do I need a lawyer for a marital agreement?

It is strongly recommended. An attorney ensures accuracy, protects your interests, and avoids costly mistakes or unenforceable terms.

What is the Uniform Premarital Agreement Act?

A set of laws, adopted by Florida in Statute §61.079, that standardize the requirements and enforceability of prenups across the state.

Can we do a prenup even if we’re already married?

No, but you can do a postnup anytime after your wedding to cover new or changing circumstances.