Introduction
Prenuptial agreements are no longer reserved for the ultra-wealthy or celebrities. In Tampa, couples from all walks of life are turning to prenuptial agreements to safeguard their finances, clarify expectations, and reduce future conflict. Whether it’s a second marriage, the ownership of a business, protection from debt, or preserving family wealth, prenups have become a valuable tool in modern marital planning.
Despite this growing awareness, there are still many misconceptions surrounding what prenups can and cannot do in Florida. As experienced family law attorneys are asked these questions every day, this article compiles the most common prenuptial agreement questions Tampa residents ask—and provides the answers through the lens of a seasoned Tampa divorce lawyer.
What Is a Prenuptial Agreement?
A prenuptial agreement (often called a prenup) is a legally binding contract entered into by two people before marriage. It sets forth how financial issues will be handled during the marriage and in the event of divorce or death. Prenups can address:
- Division of assets and liabilities
- Spousal support or alimony
- Ownership of real estate and businesses
- Responsibility for debts
- Inheritance rights
Prenuptial agreements do not cover child custody or child support—that remains subject to Florida law at the time of divorce.
A Tampa divorce lawyer can help draft a prenup that is customized, comprehensive, and enforceable under Florida statutes.
Is a Prenuptial Agreement Enforceable in Florida?
Yes, as long as it complies with the Florida Uniform Premarital Agreement Act (UPAA), found in Florida Statutes §61.079. To be enforceable, a prenup must:
- Be in writing
- Be signed by both parties voluntarily
- Be entered into with full and fair disclosure of assets and debts
- Not be unconscionable at the time it was signed
- Not violate public policy (e.g., waiving child support)
In addition, courts are more likely to uphold an agreement if both parties had independent legal counsel and sufficient time to review the terms before the wedding. A Tampa divorce lawyer ensures that all legal requirements are met during drafting and execution.
Do I Really Need a Prenup If I Don’t Have a Lot of Money?
Yes. Prenuptial agreements are not just about current wealth—they are about protecting future earnings, avoiding litigation, and creating clarity. Even individuals with modest assets may benefit from a prenup if they:
- Own a business or plan to start one
- Expect to inherit money or property
- Have children from a previous marriage
- Want to avoid being responsible for a future spouse’s debt
- Want to clarify spousal support obligations
A Tampa divorce lawyer can help identify areas where a prenup can provide meaningful protection, even for those without significant assets today.
Can a Prenup Protect My Business?
Absolutely. If you own a business or are starting one, a prenup can:
- Define your business as separate property
- Protect future appreciation or income from the business
- Prevent a claim of ownership from your spouse in the event of divorce
- Shield business partners from entanglement in your personal legal matters
Business owners who marry without a prenup risk having their business interests divided, valued, or disrupted by a divorce. A Tampa divorce lawyer will draft provisions that keep the business insulated and maintain operational control.
Can We Use a Prenup to Avoid Alimony?
In most cases, yes. Florida law allows couples to waive or limit spousal support in a prenuptial agreement, provided the waiver is not unconscionable. However, a provision waiving alimony may be set aside if it would leave one spouse destitute and eligible for public assistance.
If you wish to include an alimony waiver, a Tampa divorce lawyer will help draft language that is clear, enforceable, and tailored to your financial circumstances.
What Happens to a Prenup If We Move Out of Florida?
Many prenups include a governing law provision stating which state’s laws apply. This is critical if you plan to relocate. While most states honor prenuptial agreements from other jurisdictions, laws can vary.
To ensure your prenup remains enforceable, your Tampa divorce lawyer should include a clause stating that Florida law governs the agreement, even if you later reside in another state.
Can a Prenup Protect Me from My Spouse’s Debt?
Yes. A well-drafted prenup can protect you from being financially responsible for your spouse’s:
- Student loans
- Credit card balances
- Business debt
- Personal guarantees
A prenup can clarify that each party is solely liable for their own debts incurred before or during the marriage, and that those debts will not become marital obligations.
A Tampa divorce lawyer will ensure the agreement addresses all liability concerns clearly and comprehensively.
What If I Already Own Property Before the Marriage?
A prenup can confirm that your premarital property remains your separate property, and that appreciation in its value stays separate as well. This is especially important for:
- Homes
- Rental properties
- Investment accounts
- Retirement funds
Florida law presumes that assets acquired during the marriage are marital property unless proven otherwise. A prenup allows you to sidestep that presumption by defining asset categories upfront.
A Tampa divorce lawyer can draft terms that protect your real and personal property with precision and clarity.
Do We Have to List Every Asset in the Prenup?
It’s strongly recommended. While some couples include a general waiver of financial disclosure, Florida courts are more likely to enforce an agreement that includes a full and fair disclosure of all assets, debts, and income.
Listing each asset—with approximate values—provides transparency, reduces the risk of future litigation, and reinforces the fairness of the agreement.
A Tampa divorce lawyer will help you prepare schedules and exhibits that detail each party’s financial condition before marriage.
Can a Prenup Be Modified After We Get Married?
Yes. While a prenuptial agreement must be signed before the wedding, you can amend it at any time afterward with a postnuptial agreement. Like a prenup, a postnup must be:
- In writing
- Voluntarily executed
- Supported by full financial disclosure
Couples may amend their agreement to reflect new financial circumstances, such as the birth of children, a career change, or a major windfall.
A Tampa divorce lawyer can draft amendments or postnuptial agreements that align with your evolving needs.
Will the Prenup Still Be Valid If We Divorce After Many Years?
Yes, assuming the prenup was properly drafted and executed. The passage of time alone does not invalidate a prenuptial agreement in Florida. However, courts will review the terms for fairness at the time of enforcement.
If the prenup appears grossly one-sided in light of changed circumstances—such as a significant decline in one party’s health or financial position—the court may scrutinize it more closely.
A Tampa divorce lawyer can build protective provisions into the prenup, such as scheduled reviews or sliding-scale alimony terms.
Can We Include Lifestyle Clauses in Our Prenup?
While lifestyle clauses—such as infidelity penalties or household duties—are popular topics in media coverage, they are often unenforceable in Florida. Courts focus on financial and property-related terms. Personal conduct clauses are generally disregarded.
A Tampa divorce lawyer will guide you toward including only legally significant provisions in your prenup to avoid weakening the agreement.
How Far in Advance of the Wedding Should We Sign the Prenup?
There’s no strict rule under Florida law, but earlier is better. Signing a prenup too close to the wedding date can raise issues of duress or lack of time to review. Most Tampa divorce lawyers recommend completing the agreement at least 30 days before the ceremony.
This allows time for financial disclosures, independent legal counsel, and thoughtful negotiation. A rushed prenup is more vulnerable to challenge.
Can One Lawyer Draft the Prenup for Both Parties?
No. One lawyer can draft the agreement, but each party should have independent legal counsel. A Tampa divorce lawyer represents only one party and cannot ethically advise both.
Having two attorneys protects both parties, increases the likelihood of enforceability, and avoids future claims of coercion or misunderstanding.
What Is the Process for Creating a Prenup with a Tampa Divorce Lawyer?
The process typically involves the following steps:
- Initial Consultation: Discuss goals, assets, debts, and potential concerns.
- Financial Disclosure: Both parties prepare detailed asset and liability schedules.
- Drafting: Your lawyer prepares the agreement, including financial terms and tailored provisions.
- Review by Opposing Counsel: The other party’s lawyer reviews and may negotiate terms.
- Signing: Once finalized, both parties sign the agreement, often in front of a notary and witnesses.
A Tampa divorce lawyer will walk you through each step and ensure the agreement reflects your best interests.
What Happens If My Spouse Refuses to Sign a Prenup?
You cannot force someone to sign a prenuptial agreement. If they refuse, you can either:
- Proceed without a prenup, understanding the legal risks
- Delay the wedding until an agreement can be reached
- Propose a simplified version or focus on specific concerns, like business ownership or debt protection
A Tampa divorce lawyer can help navigate this sensitive conversation and propose compromises that may be more acceptable to your partner.
FAQ: Top Prenup Questions Answered
Can a prenuptial agreement protect assets I earn after marriage?
Yes. You can specify that future income, bonuses, business earnings, and investment returns are separate property.
Do we need to update our prenup if we have children?
Yes. Consider amending or creating a postnuptial agreement to reflect changes in financial responsibilities or estate planning goals.
What if we sign a prenup but never marry?
The agreement is void. Prenups only take effect upon legal marriage.
Are prenups only for wealthy people?
No. Anyone can benefit from a prenup, especially if they want to avoid future disputes or clarify financial responsibilities.
What makes a prenup invalid?
Common reasons include lack of full disclosure, coercion, no written agreement, or unconscionable terms.
Can I include a clause to protect my inheritance?
Yes. A prenup can ensure that inherited assets remain your separate property.
Is my prenup enforceable if we move to another country?
Possibly. Laws vary by country. A Tampa divorce lawyer can include choice-of-law provisions to improve enforceability abroad.
Can we agree that each person keeps what they earn during marriage?
Yes. This is a common provision and is enforceable in Florida.
Do prenups expire?
Not automatically. However, you can include a sunset clause that terminates the agreement after a certain number of years.
How much does it cost to get a prenup?
Costs vary depending on complexity. A Tampa divorce lawyer can provide an estimate based on your situation.
Prenuptial agreements are powerful planning tools that offer financial clarity, asset protection, and peace of mind. For Tampa residents, working with an experienced Tampa divorce lawyer is the key to ensuring the agreement is enforceable, fair, and customized to your unique circumstances. Whether you’re entering marriage with substantial assets or just want to avoid future disputes, a prenup is a proactive, responsible choice.
The McKinney Law Group: Divorce Representation That Reflects Your Goals
At The McKinney Law Group, we provide tailored legal strategies that align with your priorities. Whether you’re seeking a peaceful resolution or preparing for litigation, our Tampa divorce attorneys will protect your rights every step of the way.
We help with:
✔ Strategic planning before filing for divorce
✔ Fair division of assets, debts, and real estate
✔ Negotiating spousal support and custody terms
✔ Litigating contested issues when settlement isn’t possible
✔ Building a comprehensive legal plan for life after divorce
Call 813-428-3400 or email [email protected] to get started.