Things to Consider with a Premarital Agreement

What Things can be Included in a Florida Premarital Agreement

In Chapter 61 of the Florida Statutes lies a list of exactly what types of items can be addressed in a premarital agreement (prenup) in Florida. According to Florida law, a prenup can discuss:

  1. The rights and responsibilities of each person in regards to all property, regardless of when or where it was acquired.
  2. The right to manage and control property, including the rights to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber or dispose of property.
  3. The disposition of property in case you separate or one of you dies, or in the case of any other event you’d like to stipulate.
  4. Spousal support in all areas including establishment, modification, waiver, or elimination thereof.
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement
  6. Ownership rights and disposition of the death benefit from life insurance.
  7. The choice of law governing the construction of the agreement.
  8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty. [1]

While you can provide for a child in a prenup, child support cannot be adversely effected by a prenup, it can only be increased. [1]

Where to Turn for Dissolution of Marriage Help

If you are considering a dissolution of marriage, consult with a lawyer who has experience in collaborative divorce, mediation, and traditional adversarial divorce so you can receive insight on which type of divorce may be right for you. Seek out Tampa divorce attorneys with the knowledge you need. Seek out S. David Anton of Anton Legal Group!

David Anton is a third generation Tampa Bay attorney who has handled all aspects of dissolution actions since 1985.