What Can and Can’t Be Included in a Prenup?
Marriage is a journey filled with hope, excitement, and plans for the future. Alongside dreams of shared memories, however, comes the understanding that relationships can evolve and life can be unpredictable.
Considering a prenuptial agreement isn’t about doubting your partner—it’s about taking proactive steps to protect your interests and fostering open, honest conversations about finances, property, and responsibilities before saying “I do.”
If you’re in Central Florida, including Orange, Osceola, and Seminole Counties, or South Florida areas like Palm Beach and Broward Counties, I’m here to guide you. At Marquez Law, I help couples approach these discussions with confidence. As an experienced attorney specializing in prenuptial and postnuptial agreements, I assist couples in Orlando, West Palm Beach, and nearby areas in creating agreements that are clear, legally sound, and tailored to their needs. While these agreements can address many important topics, it’s essential to understand what is enforceable under Florida law—and what isn’t. Let’s start the conversation about protecting your future together. Contact me today to take the first step.
Financial Assets and Property
One of the most common reasons couples create a prenup is to decide how financial assets and property will be handled. Florida allows couples to make agreements on many types of property, whether you bring it into the marriage or acquire it during your marriage.
You can typically include:
Premarital property: Assets such as property, accounts, or investments owned before marriage can be classified as separate property.
Marital property division: Deciding how property acquired during the marriage will be divided in the event of a divorce.
Business ownership: Protection for business assets you owned before marriage or provisions for a business started together.
Retirement accounts and inheritance: Clauses on the treatment of retirement funds, inheritances, and other financial benefits.
You can’t, however, include arrangements that violate public policy, such as waiving child support or dictating matters affecting children. Keeping your agreement realistic and legal is critical. By addressing these topics clearly with an attorney, you reduce the chances of disputes later.
Debt and Financial Responsibilities
Debt is another key area couples address in prenuptial agreements. Deciding who is responsible for existing or future debt can prevent serious financial stress in marriage.
Topics you can include are:
Premarital debt: Identify the debts each partner brings into the marriage and clarify who is responsible for each.
Marital debt allocation: Agreements on responsibility for debts incurred during marriage.
Spending and budgeting guidelines: While not enforceable in all cases, some couples agree on general rules for managing expenses.
What you can’t include are:
Illegal or unenforceable debt terms: Clauses that contradict Florida law, such as absolving a spouse from a legally obligated debt.
Promises that violate public policy: Any terms that could negatively affect creditors’ rights or government-mandated payments, like taxes.
When you work with an experienced attorney, these provisions are drafted to be fair, clear, and legally enforceable, reducing the risk of disputes later.
Spousal Support and Alimony
Many couples want to address alimony in their prenuptial agreement. Florida law allows you to decide in advance how spousal support would be handled if your marriage ends, but there are limits.
You can include:
Waivers or limitations of alimony: Couples may agree to limit or waive spousal support in the event of divorce.
Agreed formulas or terms: Establishing formulas or conditions for spousal support based on income or years of marriage.
Overall, while you can outline waivers, limitations, or formulas for spousal support in a prenup, the agreement must remain fair and comply with Florida law.
You can’t include:
Unfair or unconscionable terms: Courts may invalidate clauses that leave one spouse destitute or are extremely one-sided.
Child-related financial obligations: Alimony arrangements can’t interfere with child support or custody, which the court prioritizes.
An attorney can help draft these provisions so they hold up under Florida law while addressing your needs.
Timing, Disclosure, and Signing
How you approach creating and signing your prenup can affect its enforceability. Florida courts expect agreements to be voluntary, informed, and properly executed.
Key factors include:
Full financial disclosure: Both parties must disclose their assets, debts, and income honestly.
Voluntary agreement: Neither partner can be coerced or pressured into signing.
Independent legal advice: While not required, having each party's own attorney helps protect the agreement from being challenged.
Proper execution: Signed, witnessed, and notarized according to Florida law.
A carefully prepared prenup creates certainty, protects both parties, and helps maintain trust and communication. Consulting a prenuptial and postnuptial agreements attorney in Orlando or West Palm Beach can help you complete these steps correctly.
Receive Empathetic Guidance From a Prenuptial and Postnuptial Agreements Attorney
Prenuptial agreements aren’t just about protecting assets—they’re about clarity, honesty, and mutual understanding. I know these conversations can feel uncomfortable or emotional, but approaching them thoughtfully can strengthen your relationship rather than weaken it.
At Marquez Law, I assist clients throughout Central Florida, including Orange, Osceola, and Seminole Counties, as well as South Florida’s Palm Beach and Broward Counties, in every step of crafting agreements that are both fair and enforceable. I can help you strike a balance between protection and respect, making sure your agreement aligns with legal requirements while honoring your shared values. From financial asset and debt allocation to spousal support and property rights, each provision can be carefully crafted to prevent future disputes.
Marriage is a commitment to your shared future, and planning responsibly doesn’t detract from that—it reinforces it. If you’re considering a prenup, reach out to my firm to explore your options, ask questions, and create an agreement that gives you peace of mind.
