Do I Need A Prenuptial Agreement? 

 Posted on March 25, 2025 in Prenuptial Agreements

Prenuptial agreements, or prenups, have become more common in Florida and nationwide. Prenups are no longer considerably only for the fabulously wealthy. Whether you could benefit from a prenuptial agreement depends on the specifics of your situation. An experienced Miami prenuptial agreement attorney at Miami Family Law Group, PLLC can explain how establishing property division before marriage can be helpful.

What Is a Prenuptial Agreement? 

A prenup is a written contract you and your future partner can sign before you get married. A prenuptial agreement decides how property, investments, assets, and income will be divided in the event of divorce. The contract may also address other financial issues often arising during marriage, such as inheritance and spousal support payments.

Signs You May Want a Prenuptial Agreement

Whether a prenuptial agreement is a good idea for you depends on your financial and personal circumstances. Common signs that you may benefit from a prenuptial agreement include:

You Own Significant Assets

Do you own many investment properties, a business, or significant investments, or have hundreds of thousands or even millions in savings? A prenuptial agreement can safeguard the assets you acquired before marriage. Florida has an equitable distribution rule regarding how a marital estate is divided during divorce. That means that assets are divided fairly, but not necessarily 50/50. A prenuptial agreement can clarify what stays in your hands after divorce.

You Have Higher Income Than Your Spouse

Do you earn $1 million annually, while your spouse earns only $75,000? A considerable income disparity may mean large spousal support payments if you do not get a prenup. The agreement can set boundaries for what spousal support could look like in divorce. Florida courts have broad discretion in alimony matters, but a prenup can limit these obligations if written carefully.

You Have a Business

Without a prenuptial agreement, a business you founded before the marriage could be deemed marital property if its value grows during the union. A prenuptial agreement can establish that the company remains yours.

You Have Previous Children 

You may want a prenuptial agreement if you have children from a previous marriage. This may be important for securing your children’s inheritances. A prenuptial agreement can state which assets go to your children instead of your spouse.

Your Spouse’s Financial Habits Concern You 

Is your future spouse reckless with money, or do they have a history of financial problems? A prenuptial agreement can protect your assets and provide you with peace of mind.

Florida Prenuptial Agreement Rules

A Florida prenuptial agreement must be in writing, signed voluntarily, and contain complete financial disclosure. However, a prenup cannot address child custody or child support; the family court decides these matters during a divorce.

Contact a Miami, FL Divorce Lawyer For Immediate Help

At Miami Family Law Group, PLLC, our Miami, FL family law attorneys have more than 30 years of experience overseeing complex family law matters, including prenuptial and postnuptial agreements, divorce, child custody, spousal support, and more. We focus on helping families solve problems and ensure their children’s well-being. To learn more about how our legal team can assist you, contact our office at 305-520-7874.