When love finds you a second time, you bring more than experience—you bring assets, children, and the lessons of the past. For many Orlando couples entering a second or subsequent marriage, a prenuptial agreement is not just wise; it’s essential.
While prenups were once considered taboo or reserved only for the ultra-wealthy, remarriage has changed the equation. With blended families, preexisting assets, business ownership, and legacy planning on the line, protecting your future requires careful legal strategy.
In this post, an experienced Orlando prenup lawyer explains why prenuptial agreements are particularly important in the context of remarriage, what they can cover, and how to create one that sets your new marriage up for lasting success.
Why Remarriage Calls for a Different Kind of Planning
Second (and third) marriages often involve more complexity than first-time unions. You may be entering the relationship with:
- Children from a prior marriage
- Significant assets or debts
- Ongoing spousal or child support obligations
- Real estate or business interests
- Inheritance expectations or obligations
- Retirement accounts and pension plans
A thoughtfully drafted prenuptial agreement helps you clearly define expectations, avoid future disputes, and ensure that your financial legacy aligns with your values and family priorities.
As an Orlando prenup lawyer, I frequently work with clients who want to protect not only their own interests, but those of their children and new spouse as well. A prenup is not a sign of mistrust—it’s a roadmap that brings transparency and peace of mind.
Common Goals for Prenups in a Remarriage
Each couple’s situation is unique, but some of the most common goals for prenuptial agreements in a remarriage include:
1. Protecting Children from a Prior Relationship
Most parents want to ensure their children receive the inheritance or support they were promised. A prenup can ensure that:
- Specific assets remain separate and pass to your children
- Real property (like a home) is preserved for your children
- Life insurance policies are maintained with certain beneficiaries
Without a prenup, a surviving spouse may be legally entitled to claim a significant share of the estate, even if the decedent’s will says otherwise. An Orlando prenup lawyer can ensure your agreement is enforceable and coordinated with your estate plan.
2. Keeping Premarital Assets Separate
If you’ve worked hard to build a retirement fund, real estate portfolio, or business, a prenup can keep those assets from becoming marital property. This is particularly useful if:
- You’ve already gone through one costly divorce
- You’re older and closer to retirement
- You’ve inherited family property or wealth
- You want to avoid any dispute over valuation at divorce
The prenup can state that any growth in value of a separate asset remains separate, even if the couple resides in or benefits from that asset during the marriage.
3. Clarifying Debt Responsibility
Remarriage often involves blending finances—and sometimes, that includes debt. A prenup can define:
- Which debts each spouse will be responsible for
- How premarital debts will be treated
- Whether either party is protected from the other’s creditors
This helps prevent you from becoming financially liable for your spouse’s past loans or credit card balances, and vice versa.
4. Addressing Spousal Support
Many people entering a second marriage want clarity about alimony in case the marriage ends. A prenup can:
- Waive alimony entirely
- Set a formula for support based on years of marriage
- Define the duration or cap for any future payments
- Adjust spousal support based on income changes
This is especially important for high-net-worth individuals or those with ongoing support obligations from a prior divorce.
5. Setting Expectations for Shared Expenses
A well-drafted prenuptial agreement can also cover how expenses will be handled during the marriage, including:
- Mortgage and utility payments
- Childcare or private school tuition
- Travel or lifestyle costs
- Contributions to retirement or savings
When handled upfront, these decisions can reduce financial misunderstandings and provide a foundation of cooperation.
Legal Requirements for a Valid Prenup in Florida
In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). To be enforceable, a prenup must:
- Be in writing
- Be signed voluntarily by both parties
- Include full and fair disclosure of assets and debts
- Not be unconscionable (grossly unfair)
- Not include illegal terms (e.g., waiving child support)
An Orlando prenup lawyer will ensure that the agreement complies with all statutory and case law requirements. Courts may refuse to enforce a prenup that appears coercive, signed in haste, or dramatically favors one party without justification.
How Timing Affects the Validity of Your Prenup
Timing is critical when drafting a prenuptial agreement—especially in a remarriage. You should never wait until the last minute.
- Start early: Begin the conversation months before the wedding.
- Avoid pressure: Both parties should have time to review and consider.
- Allow for negotiation: Revisions and compromises may take time.
- Avoid wedding-day signatures: This can look coercive and lead to enforcement problems later.
An Orlando prenup lawyer will work with you to ensure your agreement is not only properly drafted but also properly timed.
Coordinating Your Prenup with Your Estate Plan
One of the biggest mistakes people make when remarrying is failing to align their prenup with their estate planning documents. For example:
- If your prenup leaves certain assets to your children, but your will leaves everything to your spouse, it creates conflict.
- If your spouse waives elective share rights in the prenup, but the waiver isn’t acknowledged in your estate plan, it may not be enforced.
- Life insurance and retirement beneficiary designations should match the prenup’s terms.
A seasoned Orlando prenup lawyer can work alongside your estate planning attorney to harmonize all documents and protect your legacy.
Addressing the Emotional Side of Prenups in Remarriage
Many clients entering a second marriage are understandably cautious. They want to protect what they’ve built and avoid the emotional and financial devastation of a second divorce. That said, discussing a prenup with a new partner can feel awkward.
Here are tips for handling that conversation with empathy and transparency:
- Frame it as protection for both parties: A prenup is a mutual agreement, not a power play.
- Emphasize fairness: Highlight how you want to be generous but also realistic.
- Use your past as context: Share that prior experience has made you wiser, not cynical.
- Propose professional help: Suggest that each of you work with a trusted attorney to ensure the process is respectful.
An Orlando prenup lawyer can even provide sample language or help mediate early discussions between the couple.
Common Misconceptions About Prenups in a Second Marriage
Despite the benefits, many people still carry misconceptions that prevent them from pursuing a prenup. Let’s clear a few up:
“A prenup means I don’t trust my spouse.”
Not true. It means you’re planning responsibly and transparently, just like with insurance or estate planning.
“We’re not rich, so we don’t need one.”
Wrong. Prenups protect middle-class couples just as much—especially those with retirement accounts, home equity, or children.
“I already have a will—why do I need a prenup?”
Wills and prenups serve different purposes. A prenup may limit spousal rights to your estate that a will alone cannot override.
“It’s too late—we’re already planning the wedding.”
It’s never too late until after you say “I do.” But the earlier, the better.
What Can’t Be Included in a Prenup?
While prenups offer a lot of flexibility, there are certain things that Florida law prohibits:
- Child support waivers: You cannot predetermine or waive future child support obligations.
- Custody agreements: Courts determine custody based on the child’s best interest at the time of divorce.
- Illegal terms: Anything that violates public policy or incentivizes divorce is unenforceable.
An experienced Orlando prenup lawyer will guide you around these limitations and ensure your agreement remains enforceable.
The Process: How an Orlando Prenup Lawyer Helps You Build a Strong Agreement
A good prenup is not a template you download online. It’s a custom document tailored to your life, family, and values. Here’s how the process typically works:
- Initial Consultation
You meet with an Orlando prenup lawyer to discuss your goals, concerns, and priorities. They’ll help you clarify what you want to include. - Disclosure of Finances
Both parties exchange financial disclosures, including income, assets, liabilities, and future expectations. - Drafting the Agreement
Your lawyer drafts a clear, enforceable prenup that reflects your needs and aligns with Florida law. - Review and Negotiation
The other party reviews the draft—ideally with their own attorney—and negotiations occur as needed. - Signing and Notarization
Once finalized, the agreement is signed well in advance of the wedding and notarized to avoid future challenges. - Ongoing Coordination
If your financial situation changes significantly, your lawyer may recommend revisiting the agreement or drafting a postnuptial version.
Frequently Asked Questions (FAQ)
Do I need a prenup if I already have a trust or will?
Yes. A trust or will governs your estate after death. A prenup can waive spousal rights and control what happens in the event of divorce—something a will cannot do on its own.
Can my spouse waive their right to alimony in a prenup?
Yes, provided the waiver is clear, voluntary, and not unconscionable. A court may still evaluate fairness at the time of enforcement.
What if my spouse doesn’t want a prenup?
Have an open conversation about your concerns. If they still refuse, speak with your Orlando prenup lawyer about your options and risks.
Is a prenup enforceable if signed just before the wedding?
It may be challenged as coerced or unfair. Signing well in advance—at least 30 days before—is strongly advised.
Can a prenup protect my business from being divided in divorce?
Yes. A prenup can classify your business as separate property and prevent your spouse from acquiring any interest, even if the business grows during the marriage.
What happens if we move to another state after signing the prenup?
Most states will honor a valid Florida prenup, especially if it complies with the UPAA. But each state has nuances—consult your lawyer before relocating.
Can we amend our prenup later?
Yes. You can create a postnuptial agreement to reflect changes in income, assets, or family structure.
Do we each need our own lawyer?
Yes. Independent counsel protects both parties and strengthens the enforceability of the agreement.
What if I’m still paying alimony from my last divorce?
Your new prenup can take that into account and allocate income accordingly to avoid financial strain or double support obligations.
What’s the biggest mistake people make with prenups in a remarriage?
Waiting too long, being vague about expectations, or skipping legal advice altogether. A poorly drafted prenup is often worse than none at all.
Remarriage is a second chance at love—and with the right planning, it can be a strong and secure partnership. A well-crafted prenuptial agreement helps you enter your new marriage with clarity, confidence, and legal protection for both parties.
If you’re preparing to remarry, consult with an experienced Orlando prenup lawyer to create an agreement that respects your past, protects your future, and supports a lasting relationship.
The McKinney Law Group: Thoughtful, Legally Sound Prenuptial Agreements for Orlando Couples
A well-crafted prenuptial agreement is not just about asset protection—it’s about building a marriage on transparency, communication, and mutual respect. At The McKinney Law Group, we help Orlando couples create customized prenups that reflect their shared goals and protect what matters most.
We assist with:
✔ Preserving separate property, business interests, and family wealth
✔ Defining responsibilities for debt, income, and future financial decisions
✔ Creating fair and enforceable spousal support terms
✔ Aligning prenup terms with estate planning and long-term goals
✔ Ensuring compliance with all Florida legal requirements
Let’s create a prenup that’s clear, respectful, and tailored to your life together.
Call 813-428-3400 or email [email protected] to schedule your Orlando prenup consultation today.