Many couples wish they had signed a prenuptial agreement before their wedding. The good news is that marriage does not eliminate the ability to establish financial protections — it is simply called a postnuptial agreement when done after the wedding.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract entered into by married spouses that establishes each party’s rights and obligations regarding property, finances, and other matters in the event of divorce, separation, or death. It functions similarly to a prenuptial agreement but is executed after the marriage has taken place. In Florida, postnuptial agreements are generally governed by the same statutory framework as prenuptial agreements.
Why Would a Married Couple Want a Postnuptial Agreement?
• One spouse starts a business and wants to protect that asset
• One spouse receives a significant inheritance and wants to keep it separate
• The couple wants to clarify financial arrangements after a major change in circumstances
• One or both spouses want to protect children from a prior relationship
• The couple wants to establish clear financial expectations going forward
How Is a Postnuptial Agreement Different From a Prenuptial Agreement?
The primary difference is timing — a prenuptial agreement is signed before marriage, and a postnuptial agreement is signed after. Florida courts may scrutinize postnuptial agreements more carefully because the parties are in a relationship of trust and confidence at the time of signing. This makes proper disclosure and voluntary execution even more important.
Is a Postnuptial Agreement Enforceable in Florida?
Yes — if properly executed. Florida courts have upheld postnuptial agreements that were entered into voluntarily, with full financial disclosure, and without duress or coercion. Both parties should have adequate time to review the agreement and the opportunity to seek independent legal counsel.
What Cannot Be Included in a Postnuptial Agreement?
Like a prenuptial agreement, a postnuptial agreement cannot waive or modify child support obligations. It also cannot include terms that violate Florida law or public policy.
Important: Attorney Irizarry represents one party only. The other spouse is encouraged to seek independent legal counsel before signing any agreement.
Have Questions? We Can Help.
Attorney Erica Irizarry offers free, confidential consultations for all family law matters. Call 656-206-0609or complete our online intake form to get started today.
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