Do I Need a Prenuptial Agreement in Florida?

A prenuptial agreement is not only for the wealthy. It is a contract signed before marriage that sets expectations about how certain issues, such as property and, in many cases, alimony, would be handled if the marriage ends. Whether you need one depends on your situation, but many couples find that the clarity is worth the conversation.

What a Prenuptial Agreement Can Cover

A Florida prenuptial agreement can generally address:

• How property and debts will be treated.
• Whether either spouse may receive alimony, in many cases.
• The protection of property owned before the marriage, a business, or an inheritance.

Some matters, such as child support, generally cannot be decided in advance by a prenuptial agreement, because a court considers the child’s interest at the time of the case.

When a Prenup May Make Sense

Couples often consider a prenuptial agreement when one person owns a business or significant property, when there are children from a prior relationship, or when one spouse has substantial debt. A postnuptial agreement covers similar ground but is signed after the couple is already married.

Making the Agreement Hold Up

For an agreement to be enforceable, Florida generally expects it to be entered voluntarily, with fair and full financial disclosure, and without pressure. An agreement that is rushed or that hides assets is easier to challenge later.

Talk With a Miami Prenuptial Agreement Lawyer

To decide whether a prenuptial or postnuptial agreement fits your situation, speak with a Miami prenuptial agreement lawyer. We help couples across Miami-Dade and South Florida.