Florida is an equitable distribution state, which means that without a prenup, a court (not you) decides how marital assets are divided, and 'equitable' doesn't always mean 'equal'. Florida's Premarital Agreement Act makes prenups highly enforceable when both partners sign voluntarily, disclose finances fully, and sign well before the wedding. First lets Florida couples create a legally sound prenup starting at $649, entirely online.
The good news for Florida couples: state law treats prenups with respect. Florida adopted the Uniform Premarital Agreement Act effective October 1, 2007, and courts here routinely uphold agreements that follow the rules. If you and your partner want to make decisions together now, rather than letting a judge make them later, Florida is a state designed to honor that choice.
If this is your first time thinking through what a prenup actually does, our prenup primer is a friendly place to start. Otherwise, let's get into what makes Florida specific.
What a prenup actually does in Florida Without a prenup, Florida applies what's called equitable distribution : the state's default rule for dividing marital property in divorce, where assets are split fairly but not necessarily equally, at a judge's discretion. In practice, courts often start from a presumption of roughly equal division, then adjust based on factors like each spouse's contributions, the length of the marriage, and economic circumstances.
Equitable distribution is a reasonable default, but it's still a default. A judge who has never met you decides what counts as marital, what counts as separate, and how to split the difference. That's the part a prenup changes.
A Florida prenup lets you and your partner decide in advance how property gets classified, how debts get allocated, what happens with a business or an inheritance, and whether spousal support applies if the marriage ends. For couples bringing meaningful assets, a child from a prior relationship, or a business into the marriage, that clarity is often the entire point. If you want a wider lens before zooming back into Florida, this overview of prenups covers the fundamentals.
What Florida law requires for a valid prenup Florida's Premarital Agreement Act, modeled on the Uniform Premarital Agreement Act , sets out what makes a prenup hold up. The framework is straightforward, and it's the same one used in many states that have adopted the UPAA. You can read the Florida statute itself if you want the source text, but the practical rules come down to three things.
1. The agreement must be in writing . Verbal prenups are unenforceable in Florida. sign voluntarily , meaning no coercion, no last-minute pressure, no signing under duress. full and fair financial disclosure , listing assets, debts, and income, so each person knows what they're agreeing to. Notarization isn't required for all Florida prenups, but it is required if you're addressing real property and a party wants to record it in the official county records (to provide constructive notice to third parties). Notarization is strongly recommended if you're waiving a surviving spouse's rights to elective share, intestate share, homestead, exempt property, family allowance, or preference in appointment as personal representative. Waiving those rights requires two subscribing witnesses under Florida law. If a homestead waiver matters in your situation, get it right the first time.independent attorney for each party is not required, but is strongly recommended; it significantly strengthens enforceability if the agreement is later challenged. Florida does not impose a mandatory waiting period , though signing too close to the wedding raises duress concerns. And the effective date is upon marriage, not upon signing.
If you're already mapping out your next steps, our Florida prenup checklist walks through exactly what to gather before you start drafting.
What you can (and can't) include A Florida prenup can cover most of the financial terrain a couple cares about. Property division, classifying what's separate and what becomes marital, is the core. You can also address alimony (waive it, cap it, or set durational terms), allocate pre-marital and marital debts, protect a business from becoming marital property, designate income earned during the marriage as separate property, and handle estate planning matters like waiving the elective share.
What Florida law explicitly keeps off the table is anything involving children. Under Florida law, a prenup cannot determine child custody or child support; courts always resolve those issues based on the child's best interests at the time of divorce. Provisions that violate public policy (such as requiring a spouse to give up the right to work) won't hold up either. And a prenup cannot leave a spouse on public assistance after divorce.
Here's a look at what belongs and what doesn't. Property division is fully addressable, covering the classification of separate versus marital property. Alimony and spousal support can be waived, limited, or specified with particular terms, with the limit that a prenup cannot leave a spouse on public assistance. Debt allocation covers both pre-marital and marital debts. Inheritance and estate planning can include waiving the elective share, though a homestead waiver requires witnesses. Business interests can be protected from becoming marital property. Income earned during marriage can be designated as separate property. On the other hand, child custody cannot be included; it's always decided by the court at the time of divorce. Child support also cannot be included, since the right belongs to the child and cannot be pre-negotiated.
Florida's 2023 alimony reform, and why it makes prenups more relevant Florida made a significant change to its alimony law effective July 1, 2023: the state eliminated permanent alimony for new cases and shifted to a framework of temporary, bridge-the-gap, rehabilitative, and durational alimony, with durational support limits tied to the length of the marriage. For couples getting married now, the rules around long-term spousal support are different from what they were even a few years ago, and judges have less discretion to order indefinite payments.
Why does this matter for prenups? Alimony is one of the areas where a prenup gives couples the most direct control. With permanent alimony off the table, the question of how much and for how long support might apply has become more nuanced, and more dependent on the specifics of your marriage. A prenup lets you and your partner decide that question together, in writing, before the law shifts again or a judge has to interpret it on your behalf.
Florida-specific spousal support is one of the more complex areas of family law, and if your situation involves a meaningful income disparity or a long-anticipated career change, this is the kind of question worth thinking through carefully (and likely with an attorney's input).
Timing and the "last-minute prenup" problem Florida doesn't impose a mandatory waiting period for prenups. You could technically sign one a week before the wedding and still meet the statute. Technically.
The practical reality is different. Courts can and do invalidate prenups signed close to the wedding date if the timing suggests one partner didn't have enough time to review the agreement, consult an attorney, or sign without feeling pressured. "She signed it the night before the rehearsal dinner" is the kind of fact pattern that gets agreements thrown out, even when everything else was technically in order.
Most family law attorneys in Florida recommend finalizing the agreement at least 30 days before the wedding, and ideally earlier. That gives both partners time to read carefully, ask questions, get independent legal advice if they want it, and sign without the wedding looming over them. Starting the conversation 60 to 90 days out is a comfortable runway. If you're not sure how to bring it up, this guide on talking to your partner about a prenup is a useful place to start.
Cost, attorneys, and what Florida actually requires Florida law does not require either partner to have an attorney for a prenup to be valid. That said, courts are noticeably more comfortable upholding agreements when both parties had the opportunity to seek separate legal advice, because it strengthens the case that each person signed voluntarily and understood what they were signing.
Traditional Florida attorneys typically charge $1,000 to $3,000 on a flat-fee basis for drafting a prenup, with complex situations involving business interests, significant real estate, or high-net-worth assets reaching $5,000 to $10,000 or more (per ContractsCounsel's platform data). Online platforms like First start at $649 for a self-serve prenup, with an optional lawyer review tier available when independent counsel makes sense.
Florida's divorce rate sits at roughly 3.4 per 1,000 residents , placing it among the top 10 states nationally. That figure isn't a reason to fear marriage. It's context for why a growing number of Florida couples are treating financial clarity as part of wedding planning, not separate from it.
Frequently Asked Questions Is a prenup legally enforceable in Florida? Yes. Florida courts routinely uphold prenups that meet the requirements of the state's Premarital Agreement Act: the agreement must be in writing, signed voluntarily by both parties, and accompanied by full financial disclosure. Agreements that lack these elements, or that were signed under duress, can be challenged and potentially invalidated.
Does Florida require a waiting period before signing a prenup? Florida law doesn't set a specific waiting period, but timing matters quite a bit. Courts can invalidate a prenup signed immediately before the wedding if it appears one partner didn't have enough time to review it or felt pressured to sign. Most attorneys recommend finalizing the agreement at least 30 days before the wedding.
What can't you include in a Florida prenup? Florida prenups cannot determine child custody or child support. Courts always decide those issues based on the child's best interests at the time of divorce. Prenups also cannot include illegal provisions or terms that violate public policy, such as requiring a spouse to give up the right to work or leaving a spouse on public assistance.
How much does a prenup cost in Florida? Traditional attorneys in Florida typically charge $1,000 to $3,000 on a flat-fee basis for drafting, with complex situations (business interests, significant real estate, high-net-worth assets) reaching $5,000 to $10,000 or more. Online platforms like First offer a more affordable path, starting at $649 for a self-serve prenup, with an optional lawyer review tier.
Does Florida require both partners to have their own attorney? No. Florida law does not require independent legal counsel for a prenup to be valid. However, courts are more likely to uphold an agreement when both partners had the opportunity to seek separate legal advice. If either party didn't have that chance, a court may question whether the agreement was signed voluntarily.
Can a Florida prenup be changed after marriage? Yes. Under Florida's Premarital Agreement Act, a prenup can be amended or revoked after the wedding, but any changes must be in writing and signed by both spouses. A prenup modified after the wedding date effectively becomes a postnuptial agreement, which is a related but distinct legal instrument.
Getting your Florida prenup with First If you're getting married in Florida and want clarity before the wedding rather than a legal headache, First was built for this. Our self-serve option is a flat fee of $649 including online notarization and walks both partners through the full process online.
If your situation calls for independent attorney involvement (a business, a meaningful asset gap, or just the added confidence of legal review), our Lawyer Review package at $3,500 builds that in. You select the independent lawyers for each partner with no retainers and no hourly billing.
