Marriage means individual decisions can affect both spouses’ futures , especially their financial futures. However, if a partner realizes that they may need financial protection from their spouse in the event of a divorce, they can negotiate a postnuptial agreement.
A postnuptial agreement (postnup) provides clarity by outlining the financial responsibilities and rights of both parties after marriage. Understanding the things to include a Florida postnuptial agreement is essential for protecting your financial well-being.
Financial Disclosure and Transparency
Sharing information about income, assets, and debts is critical. Including accurate disclosures ensures that both spouses understand the full financial picture, the agreement is enforceable in court, and future disputes about hidden or undisclosed property are avoided.
Ideally, couples begin their marriages with transparency and honesty. However, many people bring toxic habits into their marriage and may fail to disclose important information. Being transparent increases trust while ensuring that their agreement reflects reality.
Division of Property and Assets
A significant purpose of a postnuptial agreement is clarifying how property will be classified and divided. Spouses may include terms covering:
- Which property is considered marital and which remains separate
- How real estate, vehicles, or personal property will be handled
- How retirement accounts, investments, or savings will be divided
- Whether inheritances or family gifts remain separate
Postnups may include provisions on responsibility for loans, credit card balances, or mortgages; how new debts acquired during marriage will be handled; and whether one spouse’s premarital debt remains their sole responsibility. By agreeing on debt responsibilities, couples create a plan that avoids financial surprises and potential conflict.
Spousal Support
Alimony can be one of the most contested issues during divorce. Including alimony provisions in a postnuptial agreement may address:
- Whether spousal support will be available
- Whether alimony will be conditional
- The type and duration of potential alimony
- Circumstances under which support may change or end
Since permanent alimony was eliminated in Florida in 2023, agreements typically focus on temporary, rehabilitative, durational, or bridge-the-gap alimony. Having these expectations written down allows spouses to plan their financial futures with more certainty.
Protection of Business Interests
For spouses who own or operate a business, including certain terms in a postnuptial agreement is critical. Provisions may clarify whether the business is separate or marital property, how ownership interests will be valued and divided in the event of divorce, and whether the future growth of the business will remain with the owning spouse.
By addressing business ownership, couples prevent disputes that may disrupt both the business and the marriage.
Items That Cannot Be Included
Some terms are not enforceable. For example, couples cannot determine child custody, time-sharing, or child support through a postnuptial agreement. These matters remain subject to Florida law and the court’s decisions in the child’s best interests. Additionally, the law focuses on financial issues, not romantic ones. Postnups with clauses about intercourse, appearance, and other interpersonal issues may be unenforceable.
Knowing what can, and cannot, be included is critical to ensuring the agreement is valid and enforceable.
Learn What to Include in a Florida Postnuptial Agreement When You Call us
When drafting a postnuptial agreement, clarity and fairness matter. Including provisions about property division, debts, alimony, and business ownership creates stability and reduces the risk of future disputes. Understanding the things to include in Florida postnuptial agreements helps protect your finances, your rights, and your peace of mind.
The Florida Probate & Family Law Firm is prepared to guide you through every step of drafting an enforceable postnuptial agreement. Schedule a free case evaluation with our marital agreement attorneys and begin shaping an agreement that reflects your goals and safeguards your future.