Prenuptial Agreements in Florida: Not Just for the Wealthy
There’s an old misconception that prenuptial agreements are only for celebrities and billionaires protecting vast fortunes. That hasn’t been true for a long time, and it’s especially not true in 2025. More couples than ever are signing prenups before walking down the aisle, and many of them are regular people with regular incomes.
Why the Shift?
Several factors are driving this change. People are getting married later in life, often after they’ve already built careers, bought property, or started businesses. They’re coming into marriage with assets worth protecting.
There’s also a generational shift happening. Millennials watched their parents go through difficult divorces. They saw what happens when there’s no clear agreement about who gets what. Many decided they’d rather have an uncomfortable conversation before marriage than a devastating court battle after.
What Can a Prenup Cover?
Florida’s Uniform Premarital Agreement Act gives couples significant flexibility in what they can include. A prenuptial agreement can address:
Property and Assets: Define what stays separate property and what becomes marital property. If you own a home before marriage, a prenup can ensure it remains yours.
Business Interests: If you own a business or expect to inherit one, a prenup can keep it out of property division proceedings.
Debt Protection: You can protect yourself from your spouse’s pre-existing debts. If they’re coming into the marriage with significant student loans or credit card debt, that doesn’t have to become your problem in a divorce.
Alimony Terms: Couples can agree in advance on whether alimony will be paid and under what circumstances. This provides clarity for both parties about future expectations.
Inheritance Rights: You can waive or modify inheritance rights, which is particularly important in second marriages where children from prior relationships are involved.
What a Prenup Cannot Do
Florida courts won’t enforce provisions that determine child custody or child support. Those decisions must be made based on the child’s best interests at the time of divorce, not years earlier when circumstances were different.
You also can’t include terms that are illegal or against public policy. And provisions that leave one spouse destitute while the other walks away wealthy may be challenged as unconscionable.
Modern Prenups for Modern Relationships
Today’s prenuptial agreements sometimes include provisions that would have seemed strange a generation ago. Some couples add social media clauses, agreeing not to post disparaging content about each other during or after the marriage. Others include pet custody arrangements, deciding in advance who keeps the family dog.
These provisions reflect how relationships have changed. Our lives are more public and more complex than they used to be.
Making It Enforceable
For a prenuptial agreement to hold up in Florida court, both parties need to sign it voluntarily. There can’t be fraud, duress, or coercion. Both parties should have the opportunity to consult with their own attorneys.
Full financial disclosure is required. If one party hides assets or misrepresents their financial situation, the agreement can be challenged later.
Timing matters too. Presenting a prenup the night before the wedding creates the appearance of pressure. Courts look more favorably on agreements signed well in advance, giving both parties time to consider the terms carefully.
Starting the Conversation
Bringing up a prenup can feel awkward. Nobody wants to talk about divorce before they’re even married. But think of it this way: you’re not planning for divorce, you’re planning for clarity. You’re having important financial conversations that many couples avoid until it’s too late.
If you’re considering a prenuptial agreement, talking with an experienced family law attorney can help you understand your options and create an agreement that protects both parties fairly.