Florida Prenuptial Agreement: Protect Your Assets Before Marriage (2026 Guide)
Complete guide to prenuptial agreements in Florida. Learn requirements for enforceability, what can be included, and how to protect your assets. $995 flat-fee prenup.
What Is a Prenuptial Agreement?
A prenuptial agreement (prenup) is a legally binding contract between two people planning to marry. It specifies how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce.
In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (Florida Statute 61.079).
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Why Consider a Prenup?
Protect What You Bring Into the Marriage
- Business interests - Prevent your company from becoming marital property
- Investments and savings - Keep premarital wealth separate
- Real estate - Protect property you owned before marriage
- Inheritance expectations - Safeguard family wealth
- Retirement accounts - Preserve accounts funded before marriage
Clarity and Transparency
A prenup forces both parties to:
- Fully disclose assets and debts
- Discuss financial expectations
- Plan for potential outcomes
- Avoid surprises later
Avoid Costly Litigation
If divorce happens, a valid prenup:
- Determines property division without fighting
- Reduces or eliminates alimony disputes
- Speeds up the divorce process
- Saves tens of thousands in legal fees
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What Can a Florida Prenup Include?
Property Rights
- Classification of assets as separate or marital
- How property acquired during marriage will be divided
- Rights to specific assets (homes, businesses, investments)
- Disposition of property upon separation, divorce, or death
Spousal Support (Alimony)
- Waiver of alimony (completely giving up the right)
- Limitation on alimony (caps on amount or duration)
- Specific alimony terms if divorce occurs
- Modification rights
Debt Allocation
- Who is responsible for premarital debts
- How debts incurred during marriage will be divided
- Protection from the other spouse's debts
Other Financial Matters
- Management of finances during marriage
- Rights to life insurance and retirement benefits
- Rights upon death (in lieu of or in addition to a will)
- Any other matter not against public policy
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What a Prenup CANNOT Include
Child Custody and Support
- Custody/time-sharing arrangements cannot be predetermined
- Child support cannot be waived or limited
- Courts always retain jurisdiction over children's welfare
Illegal or Unconscionable Terms
- Provisions that encourage divorce
- Terms that are grossly unfair to one party
- Anything against public policy
Non-Financial Personal Terms
- Household chores division
- Frequency of visits with in-laws
- Weight requirements or physical appearance clauses
- These are unenforceable
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Requirements for an Enforceable Florida Prenup
For your prenup to hold up in court, it must meet these requirements:
1. Written Agreement
The prenup must be in writing. Verbal agreements are not enforceable.
2. Voluntary Execution
Both parties must sign voluntarily, without:
- Coercion or duress
- Fraud or misrepresentation
- Undue pressure
Best practice: Sign at least 30 days before the wedding. Agreements signed days before the wedding may be challenged as signed under duress.
3. Full Disclosure
Both parties must fully disclose:
- All assets (values and descriptions)
- All debts
- Income and earning capacity
What happens without full disclosure? If a spouse can prove the other hid assets, the prenup may be void as to those undisclosed assets.
4. Not Unconscionable
The agreement cannot be "unconscionable" (grossly unfair) at the time of signing.
Courts look at whether:
- Both parties understood what they were agreeing to
- The terms were reasonably fair when signed
- There was an opportunity to negotiate
5. Proper Execution
Both parties must sign the document. Notarization is recommended but not strictly required in Florida.
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Should Each Party Have Their Own Attorney?
Highly recommended, though not required.
Why it strengthens the agreement:
- Proves both parties understood the terms
- Shows neither party was coerced
- Reduces challenges based on "I didn't know what I was signing"
- Independent advice protects both parties
If one party doesn't want an attorney, they should sign a written waiver acknowledging:
- They were advised to get independent counsel
- They chose not to
- They understand the agreement's terms
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When to Create Your Prenup
Ideal Timeline
| Milestone | When |
|---|---|
| Initial discussions | 6+ months before wedding |
| Draft prenup | 3-4 months before wedding |
| Exchange disclosures | 2-3 months before wedding |
| Revisions and negotiation | 1-2 months before wedding |
| Final signing | At least 30 days before wedding |
Why Timing Matters
- Too early: Financial situations may change
- Too late: Creates duress arguments
- Just right: 2-3 months before the wedding
Red flag for courts: Prenups signed within days of the wedding, especially if one party was presented with a "sign or no wedding" ultimatum.
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Common Prenup Provisions
Business Owners
- Business remains separate property
- Increase in value during marriage: separate or marital?
- Spouse's contribution to business: compensated how?
- Buyout provisions if marriage ends
High-Income Earners
- Treatment of bonuses and stock options
- Deferred compensation
- Retirement contributions during marriage
- Savings rate requirements
Inheritors
- Inheritance remains separate property (already Florida law, but reinforces)
- What if inherited assets are commingled?
- Future inheritance expectations
Second Marriages
- Protection of assets for children from prior marriage
- Coordination with existing estate plans
- Retirement account beneficiaries
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Prenup Cost in Florida
Our Flat-Fee Service
Prenuptial Agreement: $995
Includes:
- Comprehensive Prenuptial Agreement
- Full disclosure schedules (assets & debts)
- Property characterization provisions
- Alimony provisions (if desired)
- Business protection provisions
- One round of revisions
- Execution instructions
Traditional Hourly Billing
- Simple prenup: $1,500-$3,000
- Complex prenup: $5,000-$15,000+
- Negotiation and revisions: $300-$500/hour
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Challenging a Prenup in Divorce
A spouse can attempt to invalidate a prenup by proving:
Grounds for Challenge
How Courts Decide
The challenging spouse bears the burden of proof. Courts generally uphold prenups unless:
- Clear evidence of fraud or duress
- Obvious lack of disclosure
- Terms "shock the conscience"
Most challenges fail. Properly drafted and executed prenups are routinely enforced.
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Protect Your Future Before You Say "I Do"
A prenup isn't planning for divorce—it's planning for clarity. At Divorce.law:
- $995 flat fee for comprehensive prenuptial agreement
- Full asset and debt disclosure schedules included
- 5-7 day turnaround
- Execution guidance provided
Don't enter marriage without protecting what you've built.
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About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
Are prenuptial agreements enforceable in Florida?
Yes. Florida follows the Uniform Premarital Agreement Act (F.S. 61.079). Prenups are enforceable if: (1) they're in writing, (2) signed voluntarily without coercion, (3) both parties made full financial disclosure, and (4) the terms aren't unconscionable. Properly drafted and executed prenups are routinely upheld by Florida courts.
Can a prenup waive alimony in Florida?
Yes. Florida prenups can waive alimony entirely, limit the amount or duration, or set specific terms. However, if enforcement of the alimony waiver would leave one spouse with no ability to support themselves, courts have discretion to modify it. Complete waivers are most enforceable when both parties have independent income or resources.
When should I sign my prenup before the wedding?
Sign at least 30 days before the wedding. Prenups signed days before the wedding can be challenged as signed under duress ('sign or no wedding'). Ideally, begin discussions 6 months before the wedding and complete signing 1-2 months prior. This timeline shows both parties had time to consider the terms.
Do both parties need lawyers for a prenup?
It's not legally required, but strongly recommended. When each party has independent counsel, it proves both understood the agreement and weren't coerced. This significantly strengthens the prenup against future challenges. If one party declines an attorney, they should sign a waiver acknowledging they were advised to get one.
How much does a prenup cost in Florida?
A flat-fee prenuptial agreement costs $995 with our firm, including comprehensive terms, disclosure schedules, and one round of revisions. Traditional hourly billing ranges from $1,500-$3,000 for simple prenups to $5,000-$15,000+ for complex agreements involving businesses or significant assets.
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