What a Postnup Does
A postnuptial agreement is a prenup’s after-the-wedding cousin. It lets you and your spouse decide what’s separate and what’s marital property, how debts are handled, whether either of you can claim alimony, and what happens at death. Couples reach for one when something changed: a business took off, an inheritance landed, a second marriage began without a prenup, or they are rebuilding trust and want the terms in writing. Like a prenup, it cannot set child support or custody, Florida decides those later by the child’s best interests.
Held to a Higher Standard
Florida scrutinizes a postnup more closely than a prenup. A prenup has its own statute; a postnup is governed by contract law, and because spouses owe each other a duty of fairness, courts look harder at how it was made. To hold up, it must be in writing, signed voluntarily, with full and fair financial disclosure, and it cannot be unconscionable. Each spouse should have independent legal advice. Built that way, it is enforceable.
The Estate-Planning Reason
This is often the real driver. In Florida, a surviving spouse can claim about 30% of your estate (the elective share) plus homestead rights, regardless of your will, unless waived in a valid written agreement. A postnup can waive or shape those rights, which is essential in a second marriage where you want to provide for your spouse but leave the bulk to children from a prior relationship. We coordinate it with your will or trust and beneficiary designations so everything agrees.
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Book your free consultFrequently Asked Questions
What Is a Postnuptial Agreement?
It is the same idea as a prenup, signed after you are already married. It sets out what is separate and what is marital property, how debts are handled, whether either spouse can claim alimony, and what happens to your property at death. Couples reach for one when a business takes off, an inheritance arrives, a second marriage begins without a prenup, or they are rebuilding trust and want clarity. Like a prenup, it cannot predetermine child support or custody.
Is a Postnuptial Agreement Enforceable in Florida?
Yes, when it is done right, but Florida holds it to a higher standard than a prenup. A prenup is governed by a specific statute; a postnup is governed by contract law, and because spouses owe each other a duty of fairness and good faith, courts scrutinize it more closely. It needs to be in writing, signed voluntarily, with full and fair financial disclosure, and it cannot be unconscionable. Each spouse should have independent legal advice. Done that way, it holds up.
Postnup vs Prenup: Which Do I Need?
If you are not yet married, a prenup is simpler and gets more deference from the courts. If you are already married, a postnup is the tool, and it can do nearly everything a prenup can. The most common reasons to do a postnup are a change since the wedding (a business, an inheritance, a windfall, or a move into a blended-family situation) or simply never having done a prenup. We help you decide and draft whichever fits.
Can a Postnup Handle Estate Planning?
Yes, and that is often the point. In Florida a surviving spouse can claim about 30% of your estate (the elective share) plus homestead rights, regardless of your will, unless waived in a valid written agreement. A postnup can waive or shape those rights, which is essential in a second marriage where you want to provide for your spouse but leave the bulk to children from a prior relationship. We coordinate it with your will, trust, and beneficiary designations.
Sources of Law
- Postnuptial agreements are governed by Florida contract law and the duty of good faith between spouses. Spousal-rights waiver: Fla. Stat. §732.702. Elective share: §§732.201 to 732.2155. (Premarital agreements: §61.079.) (retrieved 2026-06-09)
Updated on June 9, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Each spouse should have independent counsel. Do not send confidential information until we have agreed to represent you.