Florida Prenuptial Agreements

Statute

Florida Statutes: Civil Practice and Procedure § 61.079

Statutory Definition of "Premarital Agreement"

An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

Issues a Premarital Agreement May Address

Parties to a premarital agreement may contract with respect to:

1. Rights and obligations of both parties associated with any property owned individually or acquired jointly;
2. The right to buy, sell, or otherwise manage and control property;
3. Division of property upon a divorce, separation, death, etc.;
4. The establishment, modification, waiver, or elimination of spousal support (alimony);
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in, and disposition of, the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including personal rights and responsibilities (as long as it doesn't violate state or federal laws).

Note: A premarital agreement may not adversely affect a child's right to child support.

Modification and Revocation

After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties.

Unenforceable Prenuptial Agreements

A premarital agreement is not enforceable (invalid) in Florida if it can be proven that:

• The party did not execute the agreement voluntarily;
• Agreement was entered into as a result of fraud, duress, coercion, or overreaching; or
• The agreement was unconscionable when it was entered into and the party (against whom enforcement is sought):
• • Was not provided with a reasonable disclosure of the other party's financial obligations;
  • Did not waive (in writing) the right to a disclosure to such financial information; and
  • Didn't know (and reasonably couldn't have known) about the other party's financial obligations.

If a premarital agreement modifies or eliminates alimony altogether, but the party (against whom enforcement is sought) becomes eligible for public assistance when the marriage is dissolved, the other party may be required to pay alimony regardless of the agreement.