Postnuptial Agreement
A postnuptial agreement is a written contract that spouses sign after they are already married to spell out how property, debts, and spousal support would be handled if they divorce or one spouse dies. In Florida, it works much like a prenuptial agreement but is created during the marriage rather than before it. To be enforceable, it generally must be in writing, signed voluntarily, and based on fair, honest disclosure of each spouse's finances.
Last updated June 21, 2026
Legal Definition
A postnuptial (postmarital) agreement is a marital contract executed after marriage governing property division and support rights; Florida courts evaluate its enforceability for voluntariness, fair financial disclosure, and absence of fraud, duress, or overreaching.
Example
After receiving a large inheritance, the couple signed a postnuptial agreement to clarify that the funds would stay separate property.
Related Terms
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