A postnuptial agreement is a legally binding contract between spouses made after the wedding that outlines how assets, debts, and financial matters will be handled in the event of a divorce.
In essence, it serves a similar purpose as a prenuptial agreement, except it’s signed post-marriage instead of before.
At Leonard Legal, P.A., we help Florida couples craft strong postnuptial agreements that protect their interests, provide peace of mind, and meet all legal requirements for enforceability.
What is a Postnuptial Agreement? It’s often called a “postnup” or “post-marital agreement” and can cover property division, spousal support, estate rights, and more.
Importantly, no postnuptial agreement can predetermine child custody or child support arrangements – those issues remain subject to Florida law and court approval if a divorce occurs.
However, virtually every other financial aspect of a marriage can be addressed in a postnup, making it a powerful tool for planning and protection.
Life is unpredictable, and circumstances often change after you say “I do.” Here are several real-world scenarios where a postnuptial agreement can be extremely beneficial:
A postnup can clarify how these new assets or liabilities would be treated, ensuring one partner’s debt doesn’t unfairly burden the other, or protecting that inheritance as separate property.
For example, it might guarantee a certain share of assets or spousal support to the stay-at-home parent in a divorce, recognizing their non-monetary contributions.
You can specify in the agreement that certain assets will be preserved for your children, rather than split in a future divorce, adding a layer of estate planning into your marital contract.
This prevents disputes down the road and provides stability for any business partners or investors who want assurance that a potential divorce won’t disrupt the business.
In fact, creating a fair agreement can reduce money-related conflicts and even help salvage a marriage in trouble. By transparently hashing out financial expectations, couples may strengthen their relationship, knowing that if anything happens, there’s a clear plan in place.
In all these scenarios, a well-crafted postnuptial agreement offers clarity and control. Rather than leaving important financial outcomes to Florida’s default divorce laws, you and your spouse can decide in advance what is fair, removing uncertainty.
Prenuptial and postnuptial agreements serve the same fundamental purpose – protecting assets and setting terms for a possible divorce – but the key difference is when the agreement is executed.
A prenuptial agreement (prenup) is signed before the marriage, usually in the engagement period, whereas a postnuptial agreement (postnup) is signed after you’re already married.
Because postnups are signed when you are already legally wed, they can be subject to additional scrutiny. Courts (including those in Florida) sometimes hold postnuptial agreements to a higher standard of fairness and transparency than prenups.
The reasoning is that once married, spouses owe each other a fiduciary duty and there’s a risk one spouse might have leverage to pressure the other.
Despite this nuance, legally both prenups and postnups are enforceable in Florida as long as they meet the required conditions (discussed below).
In fact, a married couple can even use a postnuptial agreement to amend an existing prenup if both agree to new terms. So even if you didn’t sign a prenup before your wedding (or need to adjust the one you have), it’s never too late to put legal protections in place now.
A postnuptial agreement is quite flexible and can cover a broad range of financial and property matters between spouses.
Common provisions that Florida postnuptial agreements include are:
This lets you override Florida’s default equitable distribution law with a personalized plan that makes sense for your situation.
You can also confirm what assets will remain each spouse’s separate property (e.g. property owned before marriage or certain gifts/inheritances).
This prevents “debt shock” where one person finds themselves stuck paying the other’s bills after divorce (lack of full financial disclosure about debts, by the way, can invalidate an agreement).
Some couples agree to waive alimony entirely; others set a specific amount or duration. Florida courts generally allow spousal support clauses in postnups as long as they’re fair and not drastically one-sided.
(Note: It’s wise to have an attorney help draft these terms so they’re within what Florida law would consider reasonable.)
What cannot be included? As mentioned, you cannot make binding agreements about child custody or child support in a postnup.
The Florida courts will decide child-related matters based on the child’s best interests at the time of divorce, regardless of any earlier contract between parents.
You also cannot include personal lifestyle clauses that are non-financial (for example, attempting to mandate someone’s behavior, appearance, or other personal conduct) – such provisions would not be enforceable and could even jeopardize the whole agreement.
Finally, any term that is illegal or against public policy (e.g. financial incentives to divorce, or waiving the right to future child support completely) will be invalid.
Yes – Florida law does recognize and enforce postnuptial agreements, provided they are properly prepared and executed under the law. Simply signing a document is not enough; it must meet several legal criteria to be valid.
If these conditions are met, Florida courts will generally uphold your postnuptial agreement just as any other contract. Our firm’s job is to make sure your postnup is drafted correctly and meets all these enforceability standards.
A postnuptial agreement isn’t just a legal document—it’s a safeguard for your financial future and peace of mind. Whether you need to protect your assets, clarify financial responsibilities, or ensure your family’s future is secure, having a well-crafted agreement can prevent costly disputes down the road.
At Leonard Legal, P.A., we bring deep expertise in Florida family law to help you create a fair, enforceable, and legally sound postnuptial agreement tailored to your unique circumstances.
Don’t wait until uncertainty turns into conflict—take control today.
Call us now at (904) 392-4573 to schedule a confidential consultation.
Your financial future deserves clarity and protection. Let’s secure it together.
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