Florida
Florida Prenuptial Agreement Laws: Requirements and Enforceability
Independently fact-checked against primary sources (last audited October 8, 2026). · 4 primary sources cited on this page. How we verify our legal content
Yes, prenuptial agreements are enforceable in Florida. For agreements signed on or after October 1, 2007, Fla. Stat. 61.079, Florida's version of the Uniform Premarital Agreement Act, requires a written agreement signed by both parties and allows a court to refuse enforcement only if the challenging spouse proves one of the grounds listed in subsection (7).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers premarital agreements signed on or after October 1, 2007 under Fla. Stat. 61.079 (chapter 2007-171), postnuptial agreements under Casto v. Casto, 508 So. 2d 330 (Fla. 1987), and Florida's equitable distribution rule in section 61.075. It does not cover Florida's alimony statute (section 61.08), estate-planning agreements, other states' law, or how to draft an agreement. For property division in a divorce, see Florida divorce laws.
Which law governs prenups in Florida?
For agreements signed on or after October 1, 2007, Florida Statutes section 61.079 governs. Its first subsection names it and sets its reach:
"This section may be cited as the "Uniform Premarital Agreement Act" and this section applies only to proceedings under the Florida Family Law Rules of Procedure."
Section 61.079 was enacted by chapter 2007-171, Laws of Florida, which "applies to any premarital agreement executed on or after" October 1, 2007. An agreement signed before that date is judged under earlier Florida case law; Sack v. Sack, 184 So. 2d 434 (Fla. 3d DCA 1966), for example, said that if a divorce were granted on remand, a pre-nuptial agreement's validity as it affected alimony would be measured under the rule in Del Vecchio v. Del Vecchio, 143 So. 2d 17 (Fla. 1962). This page does not cover that earlier test.
The Family Law Rules limit also matters. Section 61.079 sets the test for enforcing a prenup in a family-law case, such as a dissolution of marriage. Section 61.079(10) adds that the section does not alter the construction, interpretation, required formalities, rights or obligations of agreements between spouses under sections 732.701 and 732.702 of the probate code, which this page does not cover.
What a Florida prenup needs to be valid
Section 61.079(3) sets the formal requirements:
"A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself."
The section text does not require notarization or witnesses, and it does not require that each party have a separate lawyer or that the agreement be signed a set number of days before the wedding. That describes the statute's text, not how any particular agreement should be signed; a lawyer licensed in Florida can draft or review these agreements.
Under section 61.079(5), "A premarital agreement becomes effective upon marriage of the parties."
When a Florida prenup is not enforceable
Section 61.079(7)(a) places the burden on the spouse who wants to avoid the agreement. The agreement is not enforceable "if the party against whom enforcement is sought proves" any one of three things:
| Ground | What the challenging spouse must prove | Statute |
|---|---|---|
| Involuntary | The party did not execute the agreement voluntarily | 61.079(7)(a)1. |
| Fraud or pressure | The agreement was the product of fraud, duress, coercion, or overreaching | 61.079(7)(a)2. |
| Unconscionable without disclosure | The agreement was unconscionable when executed, and before signing the party was not given fair and reasonable disclosure of the other party's property or financial obligations, did not voluntarily and expressly waive disclosure in writing, and did not have, or reasonably could not have had, adequate knowledge of those finances | 61.079(7)(a)3. |
Two points about the third ground. Unconscionability is measured "when it was executed," not at the time of divorce. And it must be paired with all three disclosure failures listed in sub-subparagraphs a through c; unfairness alone is not enough under that ground.
Who decides? Section 61.079(7)(c) provides: "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law."
Alimony waivers in a Florida prenup
A premarital agreement may address spousal support, but section 61.079(7)(b) sets a public-assistance safety valve. If a provision on spousal support would cause one party to be eligible for public assistance at the time of separation or dissolution, "a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility."
For how alimony works without a prenup, see Florida alimony laws. This page does not cover Florida's alimony statute, section 61.08.
What a Florida prenup cannot do
Child support. Section 61.079(4)(b) states: "The right of a child to support may not be adversely affected by a premarital agreement." See Florida child support laws.
Custody and time-sharing. Section 61.079 does not address parenting plans or time-sharing, and this page does not cover Florida case law on whether a prenup can. This page takes no position on that question.
Changing or revoking a prenup after the wedding
Under section 61.079(6), once the parties are married, a premarital agreement may be amended, revoked or abandoned only by a written agreement signed by the parties. The amended agreement, revocation or abandonment is enforceable without consideration.
Time limits for enforcing a Florida prenup
Section 61.079(9) pauses limitation periods during the marriage:
"Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."
What happens to a prenup if the marriage is void
If a marriage is later determined to be void, section 61.079(8) provides that the agreement is enforceable only to the extent necessary to avoid an inequitable result.
Postnuptial agreements in Florida
Section 61.079 covers agreements made before marriage and effective upon marriage and contains no postnuptial provision. Florida postnups rest on case law. In Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the Florida Supreme Court stated:
"Postnuptial agreements regarding alimony and marital property are properly enforceable in dissolution proceedings."
Casto also recognized that a postnuptial agreement may be set aside for fraud, deceit, duress, coercion, misrepresentation or overreaching, and in some circumstances where a provision is unfair or unreasonable and further conditions the court described are met. The full test is in the opinion; a lawyer licensed in Florida can explain how it applies.
Florida's property rule in one line
Without an agreement, Florida divides marital property by equitable distribution, and under section 61.075(1) "the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors." See Florida divorce laws for how that works.
Disclaimer: This article provides general legal information about premarital and postnuptial agreements under Fla. Stat. 61.079 and Florida case law. It is not legal advice and is not a template. The information was verified on 2026-10-08 and the law can change. For advice about an agreement, consult a lawyer licensed in Florida.
Related
- Prenuptial agreement laws in every state
- Florida divorce laws
- Florida alimony laws
- Florida child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Are prenups enforceable in Florida?
Yes. For agreements signed on or after October 1, 2007, the test is Fla. Stat. 61.079: a prenup is not enforced if the spouse resisting it proves it was signed involuntarily, was the product of fraud, duress, coercion or overreaching, or was unconscionable at signing combined with a lack of fair disclosure (61.079(7)(a)).
Does a Florida prenup have to be notarized?
Section 61.079(3) requires a writing signed by both parties and does not mention notarization or witnesses. Ask a Florida lawyer whether formalities beyond the statute make sense for your agreement.
Do both people need a lawyer for a prenup in Florida?
The text of 61.079 does not require independent counsel. A lawyer licensed in Florida can draft or review these agreements and can explain how the statute applies to each party.
Can a Florida prenup waive alimony?
A prenup can address spousal support, but under 61.079(7)(b) a court may still require support to the extent necessary to keep a spouse from becoming eligible for public assistance at separation or dissolution.
Can a Florida prenup decide child support or custody?
It cannot adversely affect a child's right to support (61.079(4)(b)). Section 61.079 does not address custody or time-sharing, and this page does not cover case law on that point.
Is there a deadline to challenge a prenup in Florida?
Under 61.079(9), any statute of limitations on a claim under a premarital agreement is tolled during the marriage, but equitable defenses such as laches and estoppel remain available to either party.
Are postnuptial agreements valid in Florida?
Yes. The Florida Supreme Court held in Casto v. Casto, 508 So. 2d 330 (Fla. 1987), that postnuptial agreements regarding alimony and marital property are properly enforceable in dissolution proceedings, subject to being set aside on grounds such as fraud, duress or overreaching.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 61.079Premarital agreements.In force
(1) SHORT TITLE.—This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules of Procedure. (2) DEFINITIONS.—As used in this section, the term:(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive. (3) FORMALITIES.—A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself. (4) CONTENT.—(a) Parties to a premarital agreement may contract with respect to:1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; 3.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 61.075Equitable distribution of marital assets and liabilities.In forcecited in 3 of our articles
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker. (b) The economic circumstances of the parties. (c) The duration of the marriage. (d) Any interruption of personal careers or educational opportunities of either party. (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 189 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…d liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. _ c. Petitioner should be awarded an…”
- Glover v. Glover (District Court of Appeal of Florida 1992, 601 So. 2d 231)“…e distribution of the marital assets and liabilities. See section 61.075, Florida Statutes (1989); Hamlet v. Hamlet, 583 So.2d…”
- Amendments to the Florida Family Law Rules (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 105)“…f this marriage are to be distributed, under section 61.075, Florida Statutes. *44 ____ c. Petitioner shou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Divorce Laws (2026): Grounds, Residency, and Process, Common Law Marriage in Florida: Is It Recognized? (2026)
§ 61.08Alimony.In forcecited in 3 of our articles
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded. (b) The court shall make written findings of fact regarding the basis for awarding a form or any combination of forms of alimony, including the type of alimony and the length of time for which the alimony is awarded. The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support. (2)(a) In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 227 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re Family Law Rules of Procedure (Supreme Court of Florida 1995, 20 Fla. L. Weekly Supp. 581)“…written findings of fact that address the factors listed in section 61.08, Florida Statutes, when granting or denying a request for…”
- Pacheco v. Pacheco (Supreme Court of Florida 1971, 246 So. 2d 778)“…4(2) (1968), F.S.A. We must consider the validity of Fla. Stat. § 61.08 (1967), F.S.A. preliminary to our cons…”
- Berger v. Berger (District Court of Appeal of Florida 2016, 201 So. 3d 819)“…(1) even though the marriage was a long term marriage under section 61.08, Florida Statutes (2014), the court did not find that a r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Alimony Laws: Types, Duration, and the 2023 Reform (2026)
§ 61.14Enforcement and modification of support, maintenance, or alimony agreements or orders.In forcecited in 4 of our articles
(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 175 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Posner v. Posner (Supreme Court of Florida 1970, 233 So. 2d 381)“…ttling the alimony and/or property rights of the parties. Section 61.14, Florida Statutes, F.S.A. (Ch. 16780, 1935) among other t…”
- Manganiello v. Manganiello (District Court of Appeal of Florida 1978, 359 So. 2d 26)“…ess the husband is able to show on a motion to modify under Section 61.14, Florida Statutes (1977), that the child has become marri…”
- Ispass v. Ispass (District Court of Appeal of Florida 2018, 243 So. 3d 453)“…that it lacked subject matter jurisdiction, reasoning that section 61.14, Florida Statutes (2003), allows the court to confirm or…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Child Support Laws (2026): Guidelines & Calculator, Does Florida Allow Legal Separation? Support Without Divorce (2026)
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Sources and References
- Fla. Stat. 61.079: Uniform Premarital Agreement Act(www.leg.state.fl.us).gov
- Chapter 2007-171, Laws of Florida (enacting Fla. Stat. 61.079; applies to agreements executed on or after October 1, 2007)(laws.flrules.org).gov
- Sack v. Sack, 184 So. 2d 434 (Fla. 3d DCA 1966) (reporter text, Harvard Caselaw Access Project)(static.case.law)
- Casto v. Casto, 508 So. 2d 330 (Fla. 1987) (reporter text, Harvard Caselaw Access Project)(static.case.law)
- Fla. Stat. 61.075 (equitable distribution in dissolution proceedings)(www.leg.state.fl.us).gov
- Florida Statutes chapter 61 Part I, section list (dissolution of marriage)(www.leg.state.fl.us).gov