A postnuptial agreement is a contract between spouses, entered into after they are already legally married, that addresses specific financial and property matters. Florida law recognizes these agreements and gives married couples significant flexibility in what they can agree to. But there are also clear boundaries. St. Petersburg couples considering a postnuptial agreement benefit from understanding both the scope and the limits before the drafting process begins.
What Can Be Included In A Florida Postnuptial Agreement?
Florida’s framework for marital agreements, found in Florida Statute § 61.079 and related provisions of Florida Statute § 732.702, gives spouses wide latitude over financial and property matters. A valid Florida postnuptial agreement can address:
Property rights and division. Spouses can designate which property is treated as separate and which is marital, determine how property acquired during the marriage will be classified, and specify how assets will be divided if the marriage ends in divorce or if one spouse dies.
Spousal support. The agreement can establish whether alimony will be paid, in what amount, and for how long if divorce occurs. It can also eliminate the right to alimony entirely if both parties freely agree to that provision.
Estate planning provisions. A postnuptial agreement can address what each spouse will receive from the other’s estate, modify rights under Florida’s elective share statute, and coordinate with existing wills and trusts.
Life insurance beneficiaries and death benefits. The agreement can specify how life insurance proceeds and other death benefits are to be handled.
Management of existing property. How real estate, investment accounts, and other existing assets are bought, sold, leased, or transferred can all be addressed in a Florida postnuptial agreement.
What Cannot Be Included In A Florida Postnuptial Agreement?
Certain matters cannot be contracted away by married spouses, regardless of what the agreement says.
Child custody and child support. Florida courts retain authority over parenting and child support decisions based on the best interests of the child at the time of any proceeding. Parents cannot use a postnuptial agreement to predetermine custody arrangements or waive future child support obligations. A court will not enforce those provisions.
Anything that violates Florida law or public policy. Provisions that encourage divorce, waive rights to which a party is legally entitled without adequate consideration, or include illegal terms are unenforceable.
Fraudulent or coerced agreements. If either spouse was pressured into signing, didn’t have the opportunity to review the agreement before signing, or didn’t receive full financial disclosure from the other spouse, the agreement may be challenged as invalid.
What Does The Disclosure Requirement Actually Mean?
Both spouses must make a fair and reasonable disclosure of their assets and financial obligations before signing a Florida postnuptial agreement. This isn’t just a formality. It means each spouse should know what the other owns and owes at the time the agreement is executed. An agreement signed without that disclosure is vulnerable to being set aside if challenged later.
Does A Postnuptial Agreement Need Its Own Attorney?
Both parties should have independent legal counsel when entering a postnuptial agreement. While it isn’t technically required under Florida law, an agreement signed without independent advice by both parties is more easily challenged. Courts look at whether both spouses truly understood what they were agreeing to and had the opportunity to negotiate its terms.
The McKinney Law Group is led by Damien McKinney, Esq., one of fewer than 1% of Florida attorneys who hold Board Certification in Marital and Family Law. If you and your spouse are considering a postnuptial agreement in St. Petersburg, reach out to a St. Petersburg postnuptial agreement lawyer to discuss what the agreement should include and how to structure it to hold up if it’s ever tested.