Getting married in Florida?
A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Fla. Stat. § 61.079 lays out the definition and enforceability of prenups. One notable Florida case is Casto v. Casto (Fla.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Florida’s statute provides that a premarital agreement is unenforceable if the person against whom enforcement is sought proves that (a) they did not execute th…
- Florida has codified its premarital agreement law in Florida Statutes § 61.079, adopting the Uniform Premarital Agreement Act with some state-specific tweaks.
How Florida Courts Analyze Prenups Under Casto v. Casto
Florida courts often rely on the framework established in Casto v. Casto when evaluating prenuptial agreements. Under this approach, a court may closely examine an agreement if it appears to be the product of overreaching or results in an outcome that is clearly unfair.
In practice, this makes financial disclosure, timing, and the absence of pressure especially important in Florida compared to some other states.
Are prenups legal in Florida?
Florida has codified its premarital agreement law in Florida Statutes § 61.079, adopting the Uniform Premarital Agreement Act with some state-specific tweaks. A prenup in Florida must be in writing and signed by both parties.
Opting Out of Florida’s Equitable Distribution Rules
Florida follows an equitable distribution system by default, meaning courts divide marital assets based on fairness rather than a strict formula. A prenuptial agreement allows couples to opt out of this system and define their own rules for property division.
This is commonly used to protect premarital assets, family businesses, and inheritances, especially in second marriages or blended families.
What makes a Florida prenup enforceable?
Florida’s statute provides that a premarital agreement is unenforceable if the person against whom enforcement is sought proves that (a) they did not execute the agreement voluntarily, or (b) the agreement was unconscionable when it was executed and, before execution, they were not provided a fair and reasonable disclosure of the other party’s finances and did not waive such disclosure in writing.
While Florida statutes do not mandate witnesses for all prenups, courts often view notarization and witnesses as evidence that the agreement was executed knowingly and voluntarily, especially when estate or real property rights are involved.
Alimony Waivers and Florida’s Public Assistance Rule
Florida law permits spouses to waive or limit alimony in a prenuptial agreement, but courts may decline to enforce the waiver if doing so would leave a spouse dependent on public assistance.
This rule makes Florida prenups more outcome-sensitive than in some states, particularly when there is a large income imbalance or long-term marriage.
What you can—and can’t—include in a Florida Prenup
Florida permits broad prenup terms on property division (the couple can opt out of the state’s equitable distribution scheme), on alimony (they can waive or limit alimony, but note the public assistance caveat), on inheritance rights (spouses can waive rights to each other’s estate or life insurance benefits via prenup), and so forth.
Homestead and Estate Rights in Florida Prenups
Florida’s homestead protections and elective share rules can complicate prenup planning. Agreements that waive inheritance or death benefits should be coordinated carefully with estate planning documents to avoid conflicts or unintended invalidation.
Simple process
In Florida, notarize and witness the prenup signing even though the statute itself doesn’t require it. This means at least two adult witnesses present and signing, and a notary to acknowledge the parties’ signatures (especially if the agreement affects real estate or death benefits).
Through Trusted Prenup, couples can create Florida-focused prenuptial agreements designed to align with state law and court expectations.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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