Florida

Prenups for Business Owners in Florida

How founders, partners, professionals, and family-business owners can think about business interests before marriage.

Identify the business interest

Document ownership, entity structure, capital accounts, existing agreements, debt, and any restrictions on transfer or valuation.

Address future growth

A prenup can address how appreciation, distributions, retained earnings, reinvestment, and compensation will be treated, subject to applicable state law.

Consider third parties

Operating agreements, shareholder agreements, partners, investors, lenders, and family members may create obligations or restrictions that should be coordinated with the prenup.

Separate ownership from household economics

Protecting a business interest does not necessarily answer how salary, distributions, household contributions, or support will be handled. Those issues should be addressed deliberately.

Legal starting point: Florida Statutes § 61.079. Florida has adopted the Uniform Premarital Agreement Act. A premarital agreement must be in writing and signed by both parties, and enforceability can involve voluntariness, unconscionability, disclosure, waiver, and knowledge of the other party’s property or financial obligations.

Talk with a Florida prenup attorney.

Use PrenupSpot to organize your questions and request a match with counsel licensed in Florida.

Find a Prenup Attorney
General educational information only. PrenupSpot is not a law firm, and this page is not legal advice. Laws change, and the application of law depends on individual facts. Consult a lawyer licensed in the relevant state.