How does a prenup or postnup affect property division in Florida?

On Behalf of | May 13, 2024 | Property Division

In Florida, as in other states, divorce courts apply specific rules when dividing property between separating spouses. However, this process is not set in stone. There are instances when the state’s rules on property division do not apply.

For instance, Florida recognizes both prenuptial (prenup) and postnuptial (postnup) agreements, which can significantly affect the division of property in the event of a divorce.

These agreements can override the default division laws

A prenup or postnup typically overrides the state’s default property division laws in a divorce. Florida is an equitable distribution state, which means that courts divide marital property in a fair and equitable manner. However, with a prenup or postnup, the terms of the agreement will govern the property division instead.

The contract must be enforceable

While Florida allows parties to establish prenup or postnup agreements to outline how their assets will be divided in case of a divorce, the courts will only accept the terms if the contract is valid and enforceable. This means the agreements must meet the requirements of a valid prenup or postnup under the law, which includes writing and signing rules, voluntary action and full disclosure. The terms of the agreement must also not violate public policy or statutory law.

Proper guidance serves invaluable in property division

Divorce property division in itself is already a complex process, especially when there are multiple and high value properties. However, it becomes more complicated when other factors are involved, such as prenup and postnup agreements.

In any case, it is advisable for individuals going through a separation to consult with an attorney experienced in divorce property division who can provide legal advice tailored to their specific circumstances and ensure that any involved agreement will be enforceable under Florida law.