A premarital agreement, also known as a prenuptial agreement, is a written contract between two prospective spouses that takes effect upon marriage and governs each party’s rights and obligations regarding property, spousal support, estate planning, and any other issue that is important to them.
A postmarital agreement, also known as a postnuptial agreement, is a written contract executed by two already-married spouses that governs matters arising after marriage. Regina F. Zelonker, P.A., drafts premarital and postmarital agreements throughout Miami-Dade County and throughout the state of Florida.
Premarital agreements are governed by Florida Statutes. 61.079, the Uniform Premarital Agreement Act and Florida case law.
Postmarital agreements are governed by Florida family and contract law principles.
Both types of agreements require specific protocols and compliance standards to ensure the agreement’s validity of the agreement.
Without a premarital or postmarital agreement, Florida’s equitable distribution rules under Chapter 61 govern how marital assets and debts are divided upon the marriage’s end. A marital agreement gives both spouses the authority to define those terms themselves rather than leaving the outcome to a court.
Schedule a marital agreement consultation with Regina Zelonker at (305) 804-2450.
A premarital agreement in Florida is a written contract between two prospective spouses made in contemplation of marriage and effective upon marriage. Statute section 61.079, Florida Statutes, the Uniform Premarital Agreement Act, governs premarital agreements executed on or after October 1, 2007.
A premarital agreement must be in writing and signed by both parties. Florida Statute section 61.079 makes a premarital agreement enforceable without any consideration other than the marriage itself.
A premarital agreement allows both prospective spouses to define their financial rights and obligations before the marriage begins.
Florida’s equitable distribution rules under Chapter 61 apply automatically to all married couples without a marital agreement. A premarital agreement replaces those default rules with terms the parties have chosen themselves.
A premarital agreement under s. 61.079 may cover property rights, spousal support, debt allocation, business ownership interests, inheritance rights, estate planning arrangements, and the disposition of life insurance death benefits. A premarital agreement cannot predetermine child support, time-sharing, or any other child-related issues.
Florida courts calculate child support at the time of separation based on current incomes and the child’s current needs under s. 61.29. Any child-related provision in a premarital agreement is unenforceable under Florida law.
A postmarital agreement in Florida is a written contract executed by two already-married spouses that governs property rights, spousal support, debt allocation, and estate planning matters during the marriage and upon dissolution or death.
Postmarital agreements are not governed by Florida Statutes. 61.079. Postmarital agreements are enforceable under Florida family and contract law principles.
Courts apply heightened scrutiny to postmarital agreements because spouses owe each other fiduciary obligations.
A premarital agreement may be unenforceable per section 61.079, Florida Statutes, due to lack of fair and reasonable financial disclosure or failure to have adequate knowledge of the finances of the other party. A postmarital agreement requires financial disclosure from both parties is highly recommended.
A postmarital agreement in Florida requires separate consideration beyond the marriage itself. The marriage has already occurred. Florida courts require that each party receive something of legal value in exchange for the obligations accepted under a postmarital agreement, which requirement is easily satisfied.
Timing | Before marriage |
Governing law | Florida Statutes. 61.079, UPAA and case law |
Financial disclosure | Required for validity |
Consideration | Marriage itself is sufficient |
Judicial scrutiny | Could be subject to validity challenges |
Effective date | Upon marriage |
Amendment | Written agreement signed by both parties |
Child support and child-related issues | Unenforceable to predetermine |
A Florida premarital or postmarital agreement may cover property rights and obligations, the right to buy, sell, or manage property, asset division upon dissolution or death, spousal support modification or elimination, estate planning arrangements, including wills and trusts, life insurance death-benefit disposition, and debt allocation, plus any other issue important to the parties.
A Florida marital agreement cannot predetermine child support, child- related issues, or parenting time. Any provision limiting child support is unenforceable under Florida Statutes. 61.29, as child support is the right of the child.
A marital agreement directly intersects with Florida estate planning law. Florida Statutes. 732.702 governs waivers of spousal rights, including the elective share, intestate share, and the homestead rights.
A postmarital agreement that purports to waive these rights without full financial disclosure will not satisfy s. 732.702 and will not be enforceable against the estate.
Business owners in Miami, Palmetto Bay, and Coral Gables, and throughout Florida, use premarital and postmarital agreements to define the separate property status of business ownership interests, protect business value from equitable distribution claims, and establish buyout terms that prevent a dissolution proceeding from disrupting business operations, especially when both spouses are active in the business.
Category | Covered | Not Covered |
Separate property protection | Yes | No |
Business ownership interests | Yes | No |
Marital asset division on dissolution | Yes | No |
Spousal support modification or elimination | Yes | No |
Debt allocation between spouses | Yes | No |
Inheritance and estate planning rights | Yes, coordinates with s. 732.702 | No |
Life insurance death benefit disposition | Yes | No |
Child support | No | Not enforceable under s. 61.29 |
Child-related issues and parenting time | No | Not enforceable |
Provisions encouraging divorce | No | Void as against public policy |
A Florida premarital agreement is generally enforceable under s. 61.079 if it is in writing, signed by both parties voluntarily, free from fraud, duress, coercion, and overreaching, and supported by fair and reasonable financial disclosure or a written waiver of disclosure signed by the waiving party.
A Florida court may refuse to enforce a premarital agreement if the challenging party proves that the agreement was not executed voluntarily, was the product of fraud or duress, or was unconscionable at the time of execution due to inadequate financial disclosure or based upon other reasons pursuant to Florida law.
Timing is a direct risk to the enforceability of premarital agreements in Florida. Presenting a premarital agreement immediately before a wedding may raise a presumption of duress or overreaching.
Florida courts have invalidated agreements presented under time pressure where one party had no meaningful opportunity to review the terms or consult independent legal counsel. It is best to bring up the topic of a premarital agreement months or years before the wedding date, as negotiation, preparation, and signing take time.
A premarital agreement may be amended, revoked, or abandoned after marriage only by a written agreement signed by both parties. An oral agreement to modify a premarital agreement is not enforceable under s. 61.079(6).
Enforceability Requirement | Detail Under s. 61.079 |
Written and signed | Required oral agreements are not enforceable |
Voluntary execution | Required, duress or coercion voids enforceability |
Free from fraud and overreaching | Required |
Financial disclosure | Required unless waived in writing by the waiving party |
Timing | An agreement presented immediately before the wedding creates an enforceability risk |
Child support provisions | Unenforceable regardless of agreement terms |
Amendment after marriage | Requires a new written agreement signed by both parties |
Premarital agreements are commonly used by prospective spouses with children from a prior relationship, pre-existing assets or business interests; high-asset individuals seeking to define equitable distribution outcomes in advance; business owners protecting ownership interests from dissolution proceedings; and married couples whose financial circumstances have materially changed since the marriage.
A marital agreement is a protective legal tool, not a sign of distrust. A marital agreement gives both spouses clarity about their financial rights before a dispute arises.
Couples planning to marry with pre-existing assets: Florida’s equitable distribution rules treat assets acquired before marriage as separate property, but the line between separate and marital property can blur during a long marriage. A premarital agreement under s. 61.079 defines separate property with precision at the outset, and can prevent ambiguity from becoming litigation later.
Business owners protecting ownership interests: A business owner entering into marriage without a premarital agreement risks a dissolution proceeding that forces a valuation and equitable distribution of business interests accumulated before or during the marriage.
A premarital agreement can designate the business as separate property and can establish the terms governing any marital interest in business growth, without disrupting business operations.
High-asset individuals: High-asset couples can use premarital agreements to define the outcome of complex asset division in advance, including real estate portfolios, investment accounts, retirement assets, and inherited wealth, rather than leaving those decisions to a circuit court judge applying Chapter 61 equitable distribution rules and case law.
Married couples whose circumstances have changed: A postmarital agreement serves married couples who did not execute a premarital agreement before marriage but whose financial circumstances have changed materially, including a significant increase in one spouse’s business value, an inheritance or a right received during the marriage, or a change in employment that affects each spouse’s financial contribution to the marriage.
Regina F. Zelonker drafts premarital and postmarital agreements for clients in Palmetto Bay and Coral Gables through a four-step process: initial consultation to identify financial situations and goals, full financial disclosure, customized agreement drafting, and review and execution well before any wedding deadline.
Regina F. Zelonker represents only one party. Both spouses are advised to retain independent legal counsel before signing.
Step 1: Initial Consultation. Zelonker meets with the client to identify all assets, debts, business interests, and estate-planning objectives. The consultation establishes which assets and income the client wants protected as separate property, what spousal support terms the client wants defined, and whether the agreement coordinates with existing estate planning documents under s. 732.702.
Step 2: Financial Disclosure Preparation. Both parties prepare a complete financial disclosure that identifies all assets, income sources, debts, and property interests. For premarital agreements, disclosure protects enforceability if the agreement is later challenged. Ms. Zelonker assists and guides her clients through the financial disclosure process. For postmarital agreements, full financial disclosure from both parties is a mandatory condition of enforceability under Florida contract law. Zelonker assists and guides her client through the financial disclosure process.
Step 3: Agreement Drafting Zelonker drafts the agreement with terms specific to the client’s goals, asset structure, business interests, and family circumstances. Generic premarital agreement templates do not account for Florida-specific equitable distribution rules. 61.079 enforceability requirements, or the intersection of marital agreements with Florida estate planning law under s. 732.702. Premarital agreements should reflect the terms and goals of the couple.
Step 4: Review, Independent Counsel, and Execution. Both parties review the agreement with their respective attorneys before signing. Zelonker advises clients to complete execution at least 30 days before the wedding to eliminate timing-based enforceability challenges and to allow the prewedding time to be free of legal issues. Both parties sign in the presence of witnesses and a notary.
What to Prepare Before Your First Consultation:
Regina F. Zelonker is a Florida-licensed family law attorney serving Palmetto Bay, Coral Gables and all Miami-Dade County, with an active membership in the Florida Bar since 1978.
Regina F. Zelonker drafts premarital and postmarital agreements that comply with Florida Statute §61.079, address equitable distribution rules under Chapter 61, and coordinate with estate planning provisions under Florida Statute §732.702.
Clients receive guidance informed by more than four decades of Florida family law practice and recognition of clients’ goals.
Protect what matters before the question arises. Call Regina Zelonker at (305) 804-2450 or schedule a consultation online: regina.zelonker@law.com
What is a premarital agreement in Florida?
A premarital agreement is a written contract between prospective spouses governed by Florida Statutes. 61.079. It takes effect upon marriage and defines property rights, spousal support, and debt allocation, replacing Florida’s default equitable distribution rules under Chapter 61.
What is a postmarital agreement in Florida?
A postmarital agreement is a written contract executed by already-married spouses under Florida family and contract law principles. It governs property rights, spousal support, and debt allocation. Full financial disclosure from both parties is a mandatory condition of enforceability.
What is the difference between a premarital and a postmarital agreement in Florida?
A premarital agreement is executed before marriage under s. 61.079 requires financial disclosure and is effective upon marriage. A postmarital agreement is executed after marriage, requires full financial disclosure, and demands consideration separate from the marriage itself.
Can a premarital agreement cover child support in Florida?
No. Florida courts determine child support at the time of separation based on current incomes and the child’s current needs under s. 61.29. Any premarital or postmarital agreement provision attempting to predetermine child support is unenforceable under Florida law.
What makes a premarital agreement enforceable in Florida?
A Florida premarital agreement must be in writing, signed voluntarily by both parties, free from fraud, duress, coercion, or overreaching, and supported by financial disclosure or a written waiver of disclosure. Agreements presented immediately before the wedding carry a heightened risk of nonenforcement.
Can a premarital agreement protect a business in Florida?
Yes. A premarital agreement under s. 61.079 can define a business as separate property, protect pre-marital business value from equitable distribution claims, and establish terms for addressing any marital interest in business growth without disrupting operations.
When should a postmarital agreement be used in Florida?
A postmarital agreement suits married couples who did not execute a premarital agreement and whose financial circumstances have materially changed since marriage, including a significant increase in business value, an inheritance received during the marriage, or a change in each spouse’s financial contribution. The goal is to address issues while respecting and strengthening the marriage.
Does a postmarital agreement require financial disclosure in Florida?
Yes. Florida courts require full and fair financial disclosure from both spouses before a postmarital agreement is enforceable. A postmarital agreement that purports to waive spousal rights under s. 732.702 without full disclosure will not be enforced.
Can a premarital agreement be changed after marriage in Florida?
Yes. Florida Statutes. 61.079(6) permits amendment, revocation, or abandonment of a premarital agreement after marriage by written agreement signed by both parties. An oral agreement to modify a premarital agreement is not enforceable under Florida law.
How far in advance should a premarital agreement be signed in Florida?
Florida courts view agreements signed immediately before the wedding as potentially risky to enforce. Regina F. Zelonker advises completing the execution of a premarital agreement at least 30 days before the wedding date to eliminate timing-based challenges under s. 61.079.
