Prenuptial Agreement in
Florida
Florida is an equitable distribution state that adopted the Uniform Premarital Agreement Act, giving couples a clear statutory path to enforceable prenuptial agreements. Florida's large retiree population and significant real estate market make prenups especially valuable for protecting property brought into the marriage, whether that is a home, retirement account, or business interest. Florida courts will not enforce agreements that were involuntary, based on inadequate disclosure, or unconscionable when signed.
Property division
How Florida handles marital property
Florida follows equitable distribution. Marital assets and liabilities are distributed fairly by the court, considering multiple factors.
Legal framework
UPAA in Florida
Florida adopted the Uniform Premarital Agreement Act. The agreement must be in writing, signed by both parties, and executed voluntarily. Both parties should make full financial disclosure.
Florida requires two witnesses and notarization for recording the prenup. Independent legal counsel for both parties is strongly recommended.
Requirements
What makes a prenup valid in Florida
Understanding these requirements helps ensure your agreement will hold up when it matters most.
Notarization
Notarization is required if the prenup will be recorded with the county clerk. Even if not recorded, notarization is strongly recommended.
Witnesses
Two witnesses are required for the agreement to be recorded, consistent with Florida's requirements for marital contracts.
Timing
No specific statutory timing requirement. Courts look at whether there was adequate time to review and seek counsel.
Spousal Support
Spousal support waivers are generally enforceable in Florida if the agreement was entered into voluntarily and with full disclosure.
Coverage
What your Florida prenup can address
A prenuptial agreement in Florida can cover a wide range of financial and property matters.
Best practices
Tips for a strong prenup in Florida
Following these best practices helps ensure your agreement is clear, fair, and enforceable.
Florida's real estate market can cause property values to shift substantially — consider including a provision that addresses how appreciation in pre-marital real estate will be classified during the marriage.
Provide complete financial disclosure with attached schedules; Florida courts assess the quality of disclosure rigorously when evaluating enforceability.
Execute the prenup well before the wedding date — Florida courts look for a meaningful period of review and will question agreements signed days before the ceremony.
Both parties should retain independent Florida-licensed attorneys, particularly when retirement assets subject to ERISA rules are involved.
If either spouse is relocating to Florida from another state, note the change of domicile explicitly so the prenup addresses Florida-specific property considerations from the start.
FAQ
Common questions about prenups in Florida
What law governs prenuptial agreements in Florida?
Florida adopted the Uniform Premarital Agreement Act (F.S. § 61.079), which requires prenups to be in writing, signed by both parties voluntarily, and accompanied by adequate financial disclosure.
Can a Florida prenup protect a homestead property?
A prenup can address a homestead property, but Florida's constitutional homestead protections impose important limits on how homestead property can be devised and encumbered, so legal counsel familiar with Florida homestead law is particularly important.
Are spousal support waivers enforceable in Florida?
Yes. Florida law permits prenuptial waivers of alimony. Courts will enforce them unless the waiver was involuntary or would leave the spouse eligible for public assistance at the time of divorce.
Does Florida require witnesses for a prenuptial agreement?
Unlike many states, Florida law requires two witnesses to the signing of a prenuptial agreement in addition to the parties' own signatures, making proper execution formalities especially important in Florida.