What is a postnuptial agreement? When should couples consider creating one? Get the information you need from a Florida postnuptial agreement attorney.
Every year, more than 670,000 couples in the U.S. get divorced. That’s a big number, and it doesn’t reflect the stress, money issues, or legal battles that can come with the end of a marriage.
It’s not the most romantic subject, but it’s an important one. Here in Florida, many married couples are taking smart steps to protect their future. One of those steps is something called a postnuptial agreement.
If you’re already married and didn’t sign a prenup, or if your finances have changed since the wedding, this guide is for you. Maybe it’s your second marriage, maybe you started a business, or maybe you just want to be clear about who owns what.
Whatever the reason, a postnuptial agreement can bring clarity, reduce conflict, and give both partners peace of mind. In this article, we’ll explain what a postnup is, why Florida couples use them, how to make one legally strong, and whether or not you can write one without hiring a lawyer.
What is a Postnuptial Agreement?
A postnuptial agreement (sometimes called a postnup) is a legal contract signed by a married couple after they’ve already tied the knot. It outlines how assets, debts, income, and other financial matters would be handled in the event of divorce.
In Florida, postnuptial agreements are legally recognized, and when properly executed, they are enforceable in court. While the idea of formalizing finances during marriage may feel uncomfortable, it can actually be a healthy way to open up communication, create transparency, and avoid future conflict.
Key topics often covered in a postnup include:
- Property and asset division
- Retirement benefits
- Inheritance rights
- Debt allocation
- Spousal support or alimony
- Business ownership
It’s important to note that child custody and child support cannot be included in a postnuptial agreement in Florida. Those matters are always determined by the courts based on the best interests of the child at the time of separation.
To embed: https://youtu.be/aqCKgcMFB74?feature=shared
Reasons to Enter Into a Postnuptial Agreement
Couples in Florida choose to create postnuptial agreements for many different reasons. Here are some of the most common:
-
Financial Changes After Marriage
If one spouse starts a successful business or receives a significant inheritance, it might make sense to update how assets would be divided if the marriage ends. A postnup can protect those new or evolving financial interests.
-
Second Marriages and Blended Families
When spouses enter a marriage with children from previous relationships, a postnup can help ensure those children are protected and receive their intended inheritance or share of the estate.
-
Protecting Family Assets
If one spouse owns family property, heirlooms, or a stake in a family business, a postnuptial agreement can preserve those assets and keep them within the family line.
-
Rebuilding Trust After Marital Issues
Some couples use postnups as part of a reconciliation process after infidelity or financial betrayal. It can provide a sense of security while both partners work on rebuilding the relationship.
-
Defining Expectations
By proactively defining what will happen in the event of divorce or death, couples can avoid lengthy and expensive court battles later on.
Whatever the reason, a postnuptial agreement is not about expecting failure—it’s about preparing responsibly for the future.
How to Create an Enforceable Postnuptial Agreement
Florida courts won’t enforce just any document. A postnuptial agreement must meet specific legal requirements to be valid and enforceable.
-
The Agreement Must Be Written
This is non-negotiable. Florida law does not recognize verbal postnuptial agreements, no matter how clear the conversation might have been. Everything must be written down clearly and in detail. Avoid vague language. Be specific about how assets will be divided, how debts will be handled, and whether spousal support (alimony) is expected.
For example, instead of saying, “We’ll split everything fairly,” the agreement should list specific assets—for instance, “The house at 123 Palm Street will remain the property of [Spouse A].”
A well-written agreement leaves no room for free interpretation.
-
Both Parties Must Sign the Agreement
This may seem obvious, but it’s important to note that both spouses must sign voluntarily. If either person feels pressured, manipulated, or threatened into signing, that’s a major red flag that could invalidate the document.
Let’s say one spouse presents the agreement during a stressful time—like after an argument or right before a big family event—and insists it must be signed immediately. That could later be used as evidence that the signature wasn’t truly voluntary.
A strong postnup gives both people time to review, reflect, and sign without pressure.
-
Both Parties Must Provide a Full Disclosure of Assets
Each spouse is legally required to fully disclose their assets, debts, and income before signing the postnuptial agreement. If someone hides financial information, it can invalidate the entire agreement later on.
-
The Agreement Must Be Notarized
Notarizing the agreement in the presence of two witnesses is a strong legal safeguard in Florida. It provides proof that both parties signed voluntarily and in good faith.
-
The Agreement Cannot Be One-Sided
Courts will not enforce a postnup that heavily favors one spouse at the expense of the other. The agreement must be fair and reasonable at the time it was signed. If a judge believes the agreement is unconscionable, it may be partially or completely set aside.
Keep in mind that if either spouse had no legal representation or did not understand what they were signing, that could also raise red flags in court.
Can You Create a Postnuptial Agreement Without A Lawyer?
While DIY legal templates are easy to find online, postnuptial agreements are complex legal documents with lifelong implications. A poorly written postnup can be challenged in court, ruled invalid, or leave out crucial protections, defeating the whole purpose. Here’s why working with a postnuptial agreement attorney is strongly recommended:
- They’ll ensure the agreement complies with Florida law
- They can explain your rights and help protect your interests
- They help you avoid vague or unenforceable language
- They know how to balance fairness with strong legal protections
- They can help manage negotiations if emotions run high
If both parties have independent legal representation, it increases the likelihood that a judge will find the postnup valid and fair. Without a lawyer, you risk costly mistakes that could affect your finances and your future.
Talk to a Florida Postnuptial Agreement Attorney Today
If you’re considering a postnuptial agreement, now is the time to have the conversation. It’s not about expecting the worst—it’s about creating security, clarity, and mutual respect in your marriage. You deserve to protect the life you’re building.
At Farber Law, we specialize in helping Florida couples create customized, enforceable postnuptial agreements that reflect their unique financial situation and goals. Our experienced postnuptial agreement attorney understands the nuances of postnuptial agreement Florida law, and we’re here to guide you every step of the way.
Whether you’re newly married, facing financial changes, or simply want peace of mind, we’ll help you do it right.
Call us today at (305) 520-9205 or email us at hyf@farberlawpa.com to schedule a confidential consultation with a trusted postnuptial agreement lawyer.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.