27 Aug Reasons for Obtaining a Prenuptial Agreement
Introduction: Why Prenuptial Agreements Matter in Florida
As you plan your wedding day—a milestone filled with joy and hope—it’s essential to prepare for all aspects of married life, including the potential for future uncertainty. For many Florida couples, a prenuptial agreement offers peace of mind by protecting individual interests while promoting transparency. Whether you’re entering a marriage with significant assets, children from a prior relationship, or business interests, a well-drafted prenup can provide critical safeguards under Florida law.
What Is a Prenuptial Agreement Under Florida Law?
A prenuptial agreement (also known as a premarital agreement) is a contract entered into before marriage that outlines how certain matters—such as property division, spousal support, and inheritance rights—will be handled if the marriage ends. These agreements are governed by Florida Statutes § 61.079, the “Uniform Premarital Agreement Act.”
1. Establishing Alimony Terms in Advance
Florida recognizes multiple types of alimony, including bridge-the-gap, rehabilitative, durational, and temporary support, under Florida Statutes § 61.08. The 2023 reforms eliminated permanent alimony and introduced strict guidelines on alimony duration and calculation. A prenuptial agreement can pre-define or waive alimony obligations altogether, removing ambiguity and avoiding contentious litigation over spousal support in a divorce.
Note: Courts will not enforce alimony provisions if they render one spouse eligible for public assistance (see Florida Statutes § 61.079(6)).
2. Protecting Children from a Prior Marriage
If one or both spouses have children from a previous marriage, a prenuptial agreement ensures that those children’s inheritance or financial security is protected. Without a prenup, Florida intestacy laws and elective share provisions may divert assets away from children to the surviving spouse. A prenuptial agreement can override these default rules and earmark specific assets for children from a prior relationship.
3. Safeguarding a Family-Owned Business
For Miami entrepreneurs and family business owners, a prenup can protect business continuity and ownership interests. In a divorce, business assets are typically subject to equitable distribution under Florida Statutes § 61.075. A prenuptial agreement can specify that the business is separate property and detail how (or if) income or appreciation will be divided, preventing future legal entanglements or forced liquidation.
4. Limiting a Surviving Spouse’s Elective Share
Under Florida Statutes § 732.201, a surviving spouse is entitled to an elective share of 30% of the decedent’s estate even if the will says otherwise. However, a prenuptial agreement may waive this right. This is particularly relevant for high-net-worth individuals who wish to ensure estate plans reflect their true intentions without automatic statutory entitlements superseding them.
5. Encouraging Transparency About Finances
Drafting a prenuptial agreement necessitates full financial disclosure, which fosters trust and openness. Conversations around budgeting, asset ownership, debt, and financial roles often begin with the prenup process, helping couples align expectations before marriage. In this way, a prenup is not just a legal document, it’s a communication tool that can strengthen relationships.
6. Confirming Marriage Intentions Are Genuine
While uncomfortable to acknowledge, financial motives can sometimes underlie marriage proposals. A prenuptial agreement can help mitigate concerns by removing financial incentives to marry, particularly when one spouse has significantly greater wealth. By waiving or limiting rights to certain assets or spousal support, a prenup clarifies that the marriage is based on genuine affection rather than economic advantage.
7. Defining Rights and Responsibilities During the Marriage
In addition to post-divorce matters, a prenup can address how the couple will manage property, household expenses, and individual contributions during the marriage. For instance, will one spouse remain a homemaker while the other supports the family financially? Will assets be jointly titled or kept separate? These expectations can be clearly outlined in the agreement.
8. Avoiding the Unpredictability of Divorce Litigation
Divorce litigation in Florida can be time-consuming, expensive, and emotionally draining. Courts decide issues such as equitable distribution and alimony based on statutory criteria and judicial discretion. With a prenup, couples retain control over these decisions, making future separation, if it occurs, more predictable and less contentious.
9. Ensuring Enforceability in Florida Courts
For a prenuptial agreement to be enforceable in Florida, it must:
- Be in writing and signed by both parties (oral prenups are unenforceable);
- Be entered into voluntarily and without duress or fraud;
- Include full and fair disclosure of each party’s financial situation;
- Not be unconscionable at the time of execution or enforcement;
- Not violate public policy or the law (e.g., cannot predetermine child support).
Florida courts apply these standards strictly, especially when one spouse claims they signed under coercion or without proper knowledge of the other’s finances.
Common Mistakes That Could Invalidate a Prenup
- Last-minute signing: Agreements signed days before the wedding can be challenged as coerced.
- Lack of independent counsel: If only one party has an attorney, it may raise questions about fairness.
- Omission of assets: Failure to disclose all financial information can lead to claims of fraud.
Working with a qualified Miami family law attorney ensures the prenup is enforceable and tailored to your specific needs.
How Courts in Florida Evaluate Prenuptial Agreements
Florida courts generally uphold valid prenuptial agreements unless the challenger proves:
- The agreement was executed involuntarily or under duress;
- The agreement is unconscionable because of inadequate financial disclosure;
- The terms are against public policy (e.g., waiving child support).
Recent case law emphasizes that courts will not rewrite unfair prenups but may invalidate them entirely if legal standards are not met.
Why Miami Couples Face Unique Considerations
Miami’s diverse economy and international demographics make prenuptial planning especially important. Many couples have cross-border assets, complex business arrangements, or culturally influenced views on marriage and property. Prenups can help clarify jurisdiction, applicable law, and enforceability, particularly when one spouse is from another country or owns property abroad.
Conclusion: Speak With a Miami Prenuptial Agreement Attorney
While discussing a prenuptial agreement may not seem romantic, it’s one of the most practical and respectful ways to enter into marriage. For Miami couples, it’s especially wise given Florida’s specific statutory framework and the region’s complex financial landscape. A thoughtfully crafted prenuptial agreement can preserve your legacy, honor your obligations, and provide both parties with clarity and peace of mind. If you’re planning to marry and want to explore whether a prenuptial agreement is right for you, contact an experienced Miami prenuptial agreement lawyer today.
Frequently Asked Questions About Florida Prenuptial Agreements
Can a prenuptial agreement be changed after marriage?
Yes. Couples can amend or revoke a prenup at any time after marriage through a written postnuptial agreement signed by both parties.
Can a prenup cover child custody or child support?
No. Florida law prohibits prenups from predetermining child support or custody, as these are determined based on the best interests of the child at the time of divorce.
Is a prenup enforceable if only one party had an attorney?
While legal counsel is not required, courts may scrutinize the agreement more closely to ensure fairness. Having independent counsel for each party strengthens enforceability.
What happens if I don’t get a prenup in Florida?
Without a prenup, Florida’s equitable distribution laws apply. Your assets and liabilities may be divided by a court, and alimony could be awarded based on statutory factors.
How far in advance of the wedding should a prenup be signed?
It’s best to sign the agreement well before the wedding, at least 60-90 days prior, to avoid claims of duress or undue influence.