When couples in Orlando prepare for marriage, they often discuss property rights, debt responsibility, and financial expectations. One topic that frequently arises—especially for those who plan to grow their families—is how the prenuptial agreement will address the possibility of future children. While Florida law restricts what a prenup can say about custody and support, there are many ways to use this document to prepare for the financial realities and estate planning considerations that come with having children.
An experienced Orlando prenup lawyer will help couples understand the limits of what they can include, identify the provisions that will remain enforceable, and draft language that works alongside Florida’s family law framework. Done correctly, a prenup can protect both parents’ interests while ensuring that children are provided for.
Understanding the Limits: What a Prenup Cannot Do Regarding Children
Before discussing what can be included in a prenup, it is important to understand what Florida law prohibits. A prenuptial agreement cannot:
- Predetermine child custody arrangements.
- Predetermine time-sharing schedules.
- Predetermine or limit child support below the state’s statutory guidelines.
These matters are decided at the time of separation or divorce based on the best interests of the child. A court will not enforce a prenup provision that conflicts with that standard.
An Orlando prenup lawyer will explain that while you cannot dictate custody or support in advance, you can still use the agreement to address many child-related financial and estate issues.
Providing for Children Financially in a Prenup
While you cannot limit legally required child support, you can make provisions in a prenup that go beyond Florida’s minimum requirements. These may include:
- Agreement to share certain expenses in addition to child support, such as private school tuition or extracurricular activities.
- Commitments to fund college savings accounts.
- Provisions for health and dental insurance coverage.
- Agreements on how large, extraordinary expenses (medical, educational, etc.) will be handled.
These provisions can give both parties a clearer understanding of how they will meet major expenses related to future children. An Orlando prenup lawyer will draft them so they supplement, rather than conflict with, state-mandated support.
Addressing Estate Planning for Future Children
A prenup can also be used to coordinate estate planning to protect future children’s inheritance rights. This is especially important when:
- One or both spouses have children from prior relationships.
- One spouse has significant premarital assets.
- The couple wants to preserve certain family assets for children.
Estate-related provisions may include:
- Agreements to maintain life insurance policies naming future children as beneficiaries.
- Waivers of certain spousal rights (such as Florida’s elective share) to allow assets to pass directly to children.
- Directions for funding trusts for children.
An Orlando prenup lawyer will often work with an estate planning attorney to make sure the prenup, will, and any trusts are consistent.
Protecting Assets for Children from Prior Relationships
When one or both spouses have children from earlier relationships, a prenup can be critical in protecting those children’s inheritance. Without such protection, Florida law may direct a larger share of the estate to the surviving spouse than intended.
Provisions can:
- Identify which assets will remain separate property for the benefit of children from a prior relationship.
- Clarify how new assets acquired during the marriage will be divided between the surviving spouse and all children.
An Orlando prenup lawyer will ensure these provisions are detailed enough to prevent disputes later.
Agreements on Parenting-Related Financial Decisions
While you cannot decide custody in a prenup, you can agree on financial decision-making processes related to children, such as:
- How large purchases for children will be approved.
- Which accounts will be used for child-related expenses.
- Whether either parent will maintain certain savings or investment accounts for the child’s future.
These agreements promote financial transparency and help avoid conflicts during the marriage.
Anticipating Changes in Income or Circumstances
Life rarely goes exactly as planned. A spouse who intends to continue working may later choose to stay home with children. A prenup can address this possibility by:
- Setting expectations for spousal support if one spouse leaves the workforce to raise children.
- Adjusting property division formulas to account for reduced earning capacity.
- Ensuring the stay-at-home spouse is not financially disadvantaged if the marriage ends.
An Orlando prenup lawyer will structure these provisions carefully to comply with Florida law while protecting both parties.
Business Ownership and Future Children
For business owners, a prenup can address how the business will be treated if children are born during the marriage. This is particularly relevant if the parents want their children to inherit part of the business in the future.
The agreement can:
- Keep business ownership separate while allowing for financial support of the family through distributions or salary.
- Outline how business interests will pass to children in the event of death.
An Orlando prenup lawyer will make sure these provisions are coordinated with corporate documents and succession plans.
Life Insurance and Financial Security for Children
Life insurance provisions are common in prenups, and they can be tailored to protect future children. These provisions may require:
- Maintaining a policy with the other spouse or children as beneficiaries.
- Increasing coverage if children are born.
- Restricting changes to beneficiary designations without consent.
Such provisions create a safety net to ensure children are financially supported regardless of what happens in the marriage.
Education Funding Agreements
A prenup can include commitments to fund education for future children. These may involve:
- Establishing 529 plans or other education savings accounts.
- Defining each parent’s contribution level.
- Deciding whether funds can be used for private K-12 schooling in addition to college.
An Orlando prenup lawyer will draft these provisions so they are specific and enforceable as contractual promises, even though they are separate from statutory child support.
Protecting Family Heirlooms and Sentimental Property
Some parents want to ensure that certain heirlooms, art collections, or other sentimental assets pass to their children. A prenup can:
- Designate specific property to be inherited by children.
- Restrict the sale of certain assets without mutual consent.
These provisions are especially important when family property has historical or emotional value.
Reviewing and Updating the Agreement After Children Are Born
Even with careful planning, a prenup should be reviewed after children are born or adopted. This allows the couple to:
- Update financial provisions to reflect actual expenses.
- Revise estate planning clauses to name children specifically.
- Adjust life insurance requirements.
An Orlando prenup lawyer can prepare a postnuptial agreement to update the original terms while maintaining legal enforceability.
Balancing Flexibility and Certainty
When addressing future children in a prenup, the challenge is creating provisions that are specific enough to provide certainty but flexible enough to adapt to changing needs. Overly rigid terms can become impractical, while vague promises may be unenforceable.
An Orlando prenup lawyer will help strike this balance, ensuring the agreement works both now and in the future.
The Role of Independent Legal Counsel
Because child-related provisions often intersect with sensitive financial and emotional issues, it is vital that each spouse has their own attorney. Independent counsel ensures:
- Each spouse understands what the prenup can and cannot do.
- The agreement reflects each party’s priorities.
- The final document is less vulnerable to challenges.
An Orlando prenup lawyer representing one spouse will coordinate with the other spouse’s attorney to keep negotiations productive and respectful.
Avoiding Common Pitfalls
When including provisions about future children in a prenup, couples should avoid:
- Trying to predetermine custody or parenting time.
- Using vague language that lacks measurable standards.
- Failing to coordinate with estate planning documents.
- Ignoring potential changes in income or circumstances.
An Orlando prenup lawyer will help avoid these mistakes by focusing on enforceable, well-drafted clauses.
Frequently Asked Questions
Can a prenup decide who will get custody of our future children?
No. Florida law does not allow custody to be determined in advance. Courts decide custody based on the child’s best interests at the time of separation.
Can we agree on child support amounts in our prenup?
You can agree to provide more than Florida’s guidelines require, but you cannot agree to provide less.
How can we protect our future children’s inheritance?
A prenup can designate certain assets as separate property for the benefit of children and coordinate with estate planning tools like trusts.
Can we require life insurance for future children in a prenup?
Yes. You can include provisions requiring one or both spouses to maintain life insurance policies benefiting future children.
What if our financial situation changes after children are born?
You can update your prenup through a postnuptial agreement to reflect your new circumstances and priorities.
Should each of us have our own lawyer for a prenup?
Yes. Independent legal counsel for each spouse strengthens the agreement and helps ensure it is enforceable.
The McKinney Law Group: Fair, Practical Prenups for Orlando Clients
Our approach to prenups is rooted in respect and clarity. We help Orlando couples create agreements that protect both parties and strengthen their partnership.
Call 813-428-3400 or email [email protected] to start the process.