Florida Prenuptial Agreement
Florida prenuptial agreements are governed by Florida Statute § 61.079. Courts apply single review only — unconscionability is assessed at signing, not additionally at divorce — and challengers must prove all three: unconscionability at signing, inadequate disclosure, and lack of financial knowledge. Unconscionability alone is not enough. Spousal support waivers are enforceable with a minimum of public assistance eligibility.
Bottom line: Florida earns an A grade. Single review, a tough three-part challenge standard, and a clear alimony floor at public assistnace eligibility give Florida prenups more certainty than most other states.
How Florida's Prenup Laws Rank: A
Florida Prenup Laws: Key Statutes Explained
Florida Statute § 61.079 - Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a valid prenup.
Unconscionability Standard
A prenup is invalid only if unconscionable at execution AND signed without fair financial disclosure (or written waiver) AND the challenging party lacked knowledge of the other's finances. All three required—unconscionability alone insufficient. Even highly one-sided agreements are upheld.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are enforceable. However, courts may override the waiver only if it would make one party eligible for public assistance at divorce.
Timing
Courts have upheld prenups signed close to weddings when negotiated over months, but Florida recommends signing a minimum of 30 days prior to the wedding. We recommend signing 60+ days before the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before the wedding with your PerfectPrenup.
Independent Counsel
Not required if waived in writing. However, independent counsel dramatically strengthens enforceability if challenged.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required, or can be waived in writing (both included).
High Burden to Challenge
Only three defenses allowed: involuntary execution, fraud/duress/coercion/overreaching, or unconscionability with inadequate disclosure. Equitable defenses (laches, estoppel) remain available. Challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Florida Prenuptial Agreement Court Cases
Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015)
Florida Supreme Court holds broad prenuptial language waiving "all rights and claims" to spouse's property encompasses assets acquired during marriage and appreciation without specifically mentioning earnings or enhanced value; establishes Florida's strong pro-enforcement approach.
Felice v. Felice, 188 So. 3d 224 (Fla. 2d DCA 2016)
Applying Hahamovitch, court held prenup stating husband "entitled to any and all equity" in premarital home waives wife's claim to $197,226 appreciation; broad waiver language encompasses enhanced value without specific mention.
Kellar v. Estate of John W. Kellar, 257 So. 3d 1044 (Fla. 4th DCA 2018)
Prenuptial agreements enforced as contracts in probate; decedent can change will despite prenup requiring bequest to spouse, but breach creates enforceable contract claim against estate.
Famiglio v. Famiglio, 279 So. 3d 736 (Fla. 2d DCA 2019)
Prenups interpreted using contract principles with plain meaning; "a petition for dissolution" means first petition filed, not any later petition, preventing manipulation of alimony calculations through strategic filing and dismissal.
Francavilla v. Francavilla, 969 So. 2d 522 (Fla. 4th DCA 2007)
Prenuptial agreement upheld despite wife's claims of duress where parties negotiated terms for months with attorneys, husband provided financial disclosure, and agreement was fair when measured by circumstances at time of execution.
Waton v. Waton, 887 So. 2d 419 (Fla. 4th DCA 2004)
Prenuptial agreement enforced where wife received agreement two weeks before wedding, husband disclosed terms and assets beforehand, agreement contained financial information, and no duress was proven despite wife's lack of independent counsel.
Wilson v. Wilson, 2019 WL 3808162 (Fla. 4th DCA 2019)
Once you give up an inheritance right in a prenup, only a new document signed by both spouses can undo it (§ 61.079(6)), so the husband couldn't restore his wife's waived right through a trust he set up by himself.
5-Step Checklist: How to Sign & Execute a Prenup in Florida
Step 1: Download and read the Florida prenuptial agreement
Start with our free template. It is written for Florida-specific statutes and case law under Florida Statute § 61.079 (Uniform Premarital Agreement Act). Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Florida courts have invalidated agreements presented 3 days before the wedding (Hjortaas) and 24 hours before (Lutgert) — last-minute pressure is one of the most successful challenge grounds in Florida.
Step 5: Sign before two witnesses and a notary, and store the agreement
Florida has a stricter execution requirement than most states: both parties must sign before two witnesses simultaneously — not just a notary. Both attorneys present can serve as the two witnesses and notarize on the spot, satisfying all requirements in one signing ceremony. An unsigned or improperly witnessed agreement is invalid regardless of everything else. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Florida Prenuptial Agreement: Frequently Asked Questions (2026)
1. How much does a prenuptial agreement cost in Florida?
A traditional attorney-drafted Florida prenup runs about $1,500–$5,000+ per side, and complex estates with businesses or multiple properties can climb to $7,500 or more. The cheaper route is to start with a free Florida-specific template, mark up any changes yourself, then hire an attorney only to review and supervise signing — typically around $500 per side. You get an enforceable agreement without paying for drafting from scratch.
2. Are prenups enforceable in Florida?
Yes. Florida is one of the strongest prenup-enforcement states in the country. Courts test whether the agreement was unconscionable only at the time of signing — not at divorce — and there are just three narrow grounds to challenge one. Florida courts have repeatedly upheld even heavily one-sided prenups when they were signed cleanly, and the Florida Supreme Court confirmed in Hahamovitch v. Hahamovitch (2015) that broad waiver language is enforced exactly as written.
3. What makes a prenup invalid in Florida?
Under Fla. Stat. § 61.079(7), a Florida prenup can be set aside on only three grounds: it was signed involuntarily; it was the product of fraud, duress, coercion, or overreaching; or it was unconscionable when signed and the challenger never got fair financial disclosure, never waived disclosure in writing, and had no independent knowledge of the other party's finances. That third ground requires all of its parts at once — an unfair deal alone is not enough to void a Florida prenup.
4. Can you waive alimony in a prenuptial agreement in Florida?
Yes. Florida law expressly lets couples limit or fully waive spousal support in a prenup, and these waivers are generally enforced. There are two limits worth knowing: a court can override the waiver if enforcing it would leave one spouse eligible for public assistance at divorce, and temporary (pendente lite) alimony during the divorce itself cannot be waived. Outside those exceptions, a Florida alimony waiver holds.
5. Did Florida's 2023 alimony law change how prenups work?
It changed what's worth negotiating. In July 2023, Florida abolished permanent alimony (SB 1416), so a prenup clause "waiving permanent alimony" now waives something that no longer exists. Durational and other support types still exist and can still be waived or capped in a Florida prenuptial agreement, but couples drafting today should make sure their language reflects current law rather than copying older templates.
6. How long before the wedding should you sign a prenup in Florida?
Sign at least 60 days before the wedding, and give your partner one to two weeks to review the final draft with their own attorney. Florida courts have invalidated agreements sprung on a spouse 3 days before the wedding (Hjortaas) and 24 hours before (Lutgert) — last-minute pressure is one of the most successful ways to challenge a Florida prenup. Best practice is to contact an attorney 4-6 months out, or even sign before proposing.
7. Do you need a lawyer to get a prenup in Florida?
Not technically — Florida does not require independent counsel. But going without a lawyer makes a duress or involuntariness challenge far easier to win, especially if signing happens close to the wedding. In Waton v. Waton, a prenup survived even though the wife had no attorney, but having separate lawyers for each side is the single most effective protection against a validity challenge. Use a template to cut drafting costs, not to skip the review.
8. Does a Florida prenup require witnesses or just a notary?
Both. Florida has a stricter signing rule than most states: both parties must sign before two witnesses, in addition to notarization. A prenup that's only notarized — or improperly witnessed — risks being invalid no matter how well it's drafted. The practical fix is to have both reviewing attorneys serve as the two witnesses and notarize at the same signing, satisfying every requirement in one sitting.
9. Is Florida a community property state?
No. Florida is an equitable-distribution state, meaning that without a prenup a judge divides marital assets and debts based on what's fair — which often, but not always, means roughly 50/50. A prenuptial agreement lets both parties decide in advance which assets stay separate, removing that judicial discretion and the uncertainty that comes with it.
10. Can a prenup protect a business in Florida?
Yes. A properly drafted Florida prenup can keep a business as separate, nonmarital property and shield it from division at divorce. The key is broad, specific language: under Hahamovitch, a waiver that covers all property "now owned or hereafter acquired" can also protect the business's appreciation and growth during the marriage — but only if the agreement is clear. Vague language risks letting a spouse claim a share of the increase in value.
11. Can you change or cancel a prenup after marriage in Florida?
Only in writing, signed by both spouses. Under Fla. Stat. § 61.079(6), a Florida prenup can be amended, revoked, or abandoned solely through a new written agreement that both parties sign. One spouse acting alone — for example, through a will or trust — cannot modify it, as the court confirmed in Wilson v. Wilson. Verbal agreements and informal conduct won't undo a Florida prenup.
12. What's the difference between a prenup and a postnup in Florida?
A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the couple is already married. Both are valid in Florida and cover similar ground, but they rest on different legal footing — a prenup uses the upcoming marriage itself as consideration, while a postnup needs separate consideration to be binding. If you've missed the window before the wedding, a Florida postnup is the fallback.
13. Can a prenup include child custody or child support in Florida?
No. Florida courts decide child custody and child support based on the child's best interests at the time of separation, and parents cannot bargain those rights away in advance. Including custody or support terms in a Florida prenup isn't just unenforceable — it can jeopardize the rest of the agreement. Leave these issues out entirely and keep the prenup focused on property, debt, and spousal support.
14. Does a prenup override inheritance rights in Florida?
It can, if drafted correctly. A surviving spouse in Florida is normally entitled to an elective share (30% of the deceased spouse's elective estate), but that right can be waived in a prenuptial agreement. Once waived, only a new document signed by both spouses can restore it — a spouse can't quietly give the right back through a will or trust set up alone. Couples blending families or protecting children from a prior marriage rely on this waiver heavily.