Florida

Spousal Support and Prenups in Florida

What to consider before including a waiver, limitation, formula, or other support provision in a premarital agreement.

Support provisions need state-specific drafting

The enforceability of a support provision can be governed by rules that differ from the rules applicable to property provisions.

Think beyond a complete waiver

Couples may consider caps, duration limits, formulas, floors, review triggers, or other structures depending on their goals and applicable law.

Circumstances can matter

State law should be reviewed carefully because support provisions may be subject to statutory limitations or public-policy safeguards.

Coordinate with the rest of the agreement

Support terms should make sense alongside property rights, career plans, expected income, estate planning, and the couple’s broader financial structure.

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.

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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.