You’re madly in love, planning a life together, and the last thing you want is to picture the two of you in a courtroom someday. We get it—even thinking about divorce can feel like inviting bad luck to the wedding. But signing a thoughtful agreement isn’t about predicting failure; it’s about protecting the partnership you’re working so hard to build.
Think of a prenup as the financial version of life insurance or an estate plan: you hope you never need it, yet having one lets both partners breathe easier. When couples agree in writing on how to handle assets, debts, and support before emotions run high, they’re choosing calm clarity over courtroom chaos. In other words, you’re investing in peace—today, tomorrow, and even in the unlikely event of a divorce.
This guide walks you through what a prenup really is (and isn’t), why it can actually strengthen a relationship, and how to approach the conversation with confidence and compassion.
For now, just know this: a prenup isn’t a bet against your marriage. It’s a promise that, no matter what life throws your way, your love story stays rooted in fairness, transparency, and mutual respect.
What is a Prenup?
A prenuptial agreement (also called a premarital agreement) is a written contract a couple signs before the wedding that spells out how money, property, and potential support will be handled during the marriage and—if it ever comes to it—in the event of a divorce.
In Florida, these agreements are governed by Florida Statutes § 61.079, which follows the Uniform Premarital Agreement Act.
Unlike community property states where property is split 50/50, Florida follows an equitable distribution model: judges start at 50/50 but can shift the split if one spouse’s needs or contributions justify it.
A prenup lets you bypass that case-by-case uncertainty. You and your partner decide—in writing—exactly what will remain separate property and what will become marital property, instead of leaving it to a judge’s discretion years down the road.
What a Prenup Does
- Defines marital property. You decide what stays separate property (kept by the original owner) and what will become marital property (shared and divided if you split).
- Allocates debts. The contract can shield one partner from the other’s student loans, credit card balances, or business liabilities.
- Pre-sets spousal support. You can agree on how much, how long, or whether spousal support (alimony) would be paid at all
- Clarifies estate planning. A prenup can dovetail with wills and trusts to protect inheritances and family businesses.
What a Prenup Cannot Do
- Limit child support or decide child custody. Florida courts must protect a child’s best interests, so any clause that “adversely affects” support or locks in custody terms will be ignored.
- Encourage divorce. A clause that financially rewards filing for divorce is unenforceable.
- Override full disclosure. Both partners must share a fair picture of their finances; hidden assets can sink the deal.
- Provide for a waiver of temporary spousal support. You can have a spouse waive other types of alimony, but not temporary alimony.
Signing a prenuptial agreement may feel “unromantic,” but it’s simply smart governance of your shared life. It turns financial unknowns into clear, mutual promises—so both partners can step into marriage focused on building a future (not worrying about financial “what-ifs”).
Why Peace-Minded Couples Choose a Prenup
Before you share one bank account, one roof, and one future, a prenup lets you agree—calmly and kindly—on how to manage money if life takes an unexpected turn. Instead of “planning for divorce,” you’re giving each other clarity so finances never overshadow love.
- Preserve separate assets, debts, and family inheritances
- Define spousal support/alimony (amount, duration, or waiver) in advance
- Shield businesses & professional practices from marital claims
- Protect children from a prior marriage by setting aside specific assets and outlining child custody expectations
- Cut stress, time, and cost in the event of a divorce—no courtroom battles over who owns what
Do We Really Need a Prenup?
Without a prenup, Florida’s equitable distribution rules step in. Judges label most earnings “marital property,” then divide them 50/50—or adjust the split based on fairness. That means:
- Your premarital savings can blur into shared funds.
- The court (not you) decides spousal support terms.
- Business interests may be valued and partially awarded to your spouse.
- Higher conflict often leads to longer cases and higher costs—one reason divorce rates correlate with financial strain.
A thoughtfully crafted prenup keeps those decisions in your hands, letting both partners focus on the life you’re building, not legal uncertainty.
Common Misconceptions about Prenuptial Agreements
Before the word “prenup” sparks worry or eye-rolling, remember this: most objections you’ve heard are half-truths passed around like wedding-reception rumors. Let’s clear the air by tackling the biggest myths head-on, so your decision rests on facts—not folklore.
Myth #1: “Prenups Are Only for the Super-Wealthy”
You don’t need a billionaire’s balance sheet to benefit from a prenup. Even a growing 401(k), a small business, or an expected inheritance counts as separate property worth protecting.
A prenup also sorts out assets and debts—like student loans or credit cards—so one spouse isn’t saddled with the other’s liabilities.
Myth #2: “If We Sign One, We’re Planning to Divorce”
Statistically, money conflicts are a top predictor of break-ups and feed the very divorce rates couples fear. Laying out clear rules in advance reduces future tension; it’s preventive maintenance, not a prophecy of failure.
Myth #3: “Once It’s Signed, It’s Set in Stone”
Florida law lets you tweak or replace your prenup any time you both agree—often through a postnuptial agreement. Life events such as launching a new company or relocating can all trigger sensible updates.
Myth #4: – “Courts Toss Prenups, So Why Bother?”
Follow the basics—full financial disclosure, voluntary signatures, fair terms—and judges routinely enforce these contracts. Skipping a prenup leaves decisions about spousal support, property division, and debt allocation to a courtroom stranger.
Myth #5: “Talking About a Prenup Will Kill the Romance”
Handled early and respectfully, the discussion often deepens trust. It’s less “planning our breakup” and more “promising to protect each other—no matter what life throws at us.” Couples who can speak openly about money now tend to navigate future challenges with far less friction.
How to Ask for a Prenup
Talking about a premarital agreement feels delicate, but it doesn’t have to be awkward or combative. Approach the topic the same way you’d tackle any big financial decision—openly, early, and as a team.
1. Pick the Right Moment
- Start early. Raise the idea well before invitations go out, so no one feels ambushed.
- Choose neutral ground. A quiet dinner at home beats a tense chat after a long workday.
- Frame it as future-planning. “We’re mapping out our life insurance, wills, and budget—let’s add our prenup plan to the list.”
2. Lead With Shared Values
Emphasize that the goal is protecting both of you, not predicting a breakup. Try: “I want us to make decisions together now, while we’re calm and connected, so money never comes between us later.”
3. Make It a Joint Project
- Use “we” language. “How should we handle student loans?” shows collaboration.
- Explore options together. Attend an initial consultation with an attorney to learn the steps for signing a prenuptial agreement.
- Plan for revisions. Reassure your partner that you can revisit terms later with a postnuptial agreement as your lives evolve.
4. Level the Playing Field
Suggest that each partner have separate counsel for advice and that you use a process such as the collaborative model to engender collaboration and feelings of connectedness.
The attorneys can handle the granular terms so that each of you is protected in the ways you want to be protected. Using the collaborative method fosters an environment of transparency and ensures there are opportunities for all voices to be heard.
5. Keep Listening
After you raise the topic, pause. Give your partner space to process, ask questions, or share concerns. Empathy and patience go further than legal jargon.
Sample Conversation Starters
- Transparency angle: “We’ve always promised to be honest about money. A prenup is just us writing that promise down.”
- Fairness angle: “If life surprises us, I’d rather we set the rules instead of a judge who doesn’t know us.”
- Legacy angle: “My parents worked hard for the cabin. A prenup lets us keep it in the family and keeps our finances clear.”
Handled thoughtfully, the prenup conversation can deepen trust rather than damage it—showing that safeguarding your future together is just another way of saying “I love you.”
Creating a Prenuptial Agreement (Legally)
In order for a Florida prenup to be considered legal, here’s what Florida judges need to see:
- Put It in Writing. A handshake or late-night text won’t cut it. Only a written and properly signed document can be enforced.
- Sign Voluntarily. No arm-twisting, threats, or last-minute “sign this or the wedding’s off.” Even a whiff of coercion can sink the whole contract.
- Lay Your Cards on the Table. Both partners must fully disclose assets, debts, income—everything. Hiding money in a secret account is a fast track to an invalid prenup.
- Fair on its Face. The terms can strongly favor one spouse, but they can’t be shockingly one-sided or crafted to leave the other destitute.
- Independent Legal Advice (Strongly Recommended). Florida doesn’t require each party to hire separate attorneys, but judges look more favorably on prenups that were reviewed by counsel for both sides. It shows everyone understood the stakes.
Meet these requirements, and your prenup stands a solid chance of holding up in court—giving both partners the peace of mind they set out to achieve.
Key Topics To Include In Your Prenup
A well-crafted prenuptial agreement is more than a single paragraph saying, “What’s mine is mine.” Use these headings as a roadmap when you and your attorney (or mediator) start drafting.
- Separate Property vs. Marital Property: Spell out which assets you’re bringing in—as separate property—and what will convert to marital property after “I do.” Clarity here prevents expensive tracing later.
- Debts: Debts, both prior to the marriage and those accrued during, can be addressed. This ensures that one party isn’t unjustly burdened with the other’s liabilities.
- Alimony or Spousal Support: Will there be payments if the marriage ends? If so, how much, for how long, and under what circumstances (e.g., length of marriage, stay-at-home parenting, health issues)?
- Inheritance: A prenup can outline what happens to one’s estate upon death, especially in scenarios where one partner would like specific assets to go to children from a prior marriage or other family members.
- Businesses: If one spouse owns a company, set a valuation method and decide whether growth during the marriage stays separate property or is partly divisible.
- Retirement & Investment Accounts: Clarify how 401(k)s, IRAs, stock options, and restricted stock units will be treated—especially any growth after the wedding date.
- Real Estate: Note who keeps premarital homes, how a future marital home would be titled, and whether mortgage pay-down counts as marital property.
- Death or Disability Provisions: Coordinate the prenup with wills, trusts, and beneficiary designations so spouses—and any children—are protected if tragedy strikes rather than divorce.
- Modification Clause & Postnuptial Agreements: Life changes; your prenup can too. Include language that lets you revise or replace the agreement later with a postnuptial agreement you both sign voluntarily.
Embracing Love’s Journey with Legal Clarity
A thoughtfully created prenuptial agreement doesn’t predict disaster—it prevents it. By deciding now how you’ll handle money, spousal support, and property in the event of a divorce, you shield your relationship from misunderstandings that sink far too many marriages.
At Leap Frog Divorce, we draft Florida-ready premarital agreements through the same collaboration-first philosophy that guides our mediated divorces: no scare tactics, just clear strategy and genuine care for both partners. We’ll walk you through every clause, explain your options in plain English, and make sure the final document feels fair, balanced, and fully enforceable.
Ready to protect what you’re building—together? Schedule a confidential consultation today and let’s start creating a prenuptial agreement that secures your finances, honors your love, and keeps your future focused on peace.
