What Can (and Can’t) Be Included in a Florida Prenuptial Agreement?

As couples in Florida prepare for marriage, many are choosing to create prenuptial agreements as a way to clarify financial expectations and protect personal assets. While often associated with high-income households, prenuptial agreements are becoming increasingly common among couples of all financial backgrounds who want to enter marriage with clear communication and mutual understanding.

At Mulock & Stevens Law, we help individuals and couples in Bradenton understand their legal rights when drafting a prenup. Here’s what Florida law allows you to include—and what it doesn’t.

What Can Be Included in a Florida Prenuptial Agreement?

Florida follows the Uniform Premarital Agreement Act (UPAA), which outlines the subjects that a prenup can lawfully address. Here are the most commonly included and enforceable terms:

1. Property Ownership and Division

Couples can define which property remains separate and how marital assets will be divided in the event of divorce. This may include real estate, financial accounts, vehicles, or any other assets.

2. Debt Responsibility

A prenup can specify how debts are handled, both those incurred before marriage and those acquired during the relationship. This helps protect one spouse from becoming responsible for the other’s financial obligations.

3. Spousal Support (Alimony)

You may include provisions related to alimony, such as limiting or waiving it. However, the terms must be fair and reasonable when the agreement is enforced, or they may be subject to court review.

4. Retirement and Estate Rights

Prenups can establish rights to retirement accounts, life insurance benefits, or inheritance, ensuring that both parties understand how those funds will be handled.

5. Business Ownership

If one or both spouses own a business, the prenup can protect it from being divided or impacted in a divorce. Ownership percentages and valuation methods can also be addressed.

6. Financial Responsibilities During Marriage

Couples can outline how expenses will be managed during the marriage, such as whether they will maintain joint accounts, share bills, or have individual financial responsibilities.

What Can’t Be Included in a Florida Prenuptial Agreement?

While prenuptial agreements can cover a wide range of financial issues, there are limits under Florida law:

1. Child Custody and Child Support

A prenup cannot determine future child custody arrangements or child support obligations. These issues are always decided by the court based on the child’s best interests at the time of separation or divorce.

2. Unfair or Unconscionable Terms

Agreements that are grossly one-sided, signed under duress, or created without full financial disclosure may not be enforceable in court. Transparency and fairness are essential.

3. Personal or Lifestyle Clauses

Terms about personal behavior—such as agreements about household chores, parenting style, or relationship dynamics—are not enforceable. Florida law focuses on financial and legal terms, not personal conduct.

4. Illegal Provisions

Any clause that violates state law or public policy will not be upheld. This includes terms that attempt to waive legal rights inappropriately or encourage unlawful behavior.

Why It’s Important to Get It Right

A well-prepared prenuptial agreement can provide peace of mind and help both parties enter marriage with confidence. It allows couples to plan for the future, reduce uncertainty, and avoid the financial stress that often arises in divorce proceedings.

Having an open conversation about finances, responsibilities, and long-term goals sets the tone for a relationship built on transparency and respect.

Need Help Drafting a Prenup in Bradenton?

At Mulock & Stevens Law, we work with clients to create prenuptial agreements that are fair, clear, and fully enforceable under Florida law. Whether you're protecting personal property, managing business interests, or simply looking for financial clarity, our Bradenton team is here to help you prepare for marriage with confidence.



Call 941-748-2104 today or visit www.mulocklaw.com to schedule your consultation.