Postnuptial Agreement Lawyer

 Most couples never imagine needing a financial agreement after the wedding. Marriage often begins with optimism, shared goals, and the belief that everything important has already been discussed. But life rarely stays in the same shape it had on the day you exchanged vows. Careers evolve, businesses expand, inheritances arrive, debts grow or disappear, and families blend in ways that create new obligations. With all those moving parts, many Florida couples eventually find themselves asking a practical question: Should we put clearer financial protections in writing?

That is where a postnuptial agreement becomes more than a legal document. It becomes a way for spouses to bring structure, predictability, and fairness into a marriage that has grown more complex over time. Instead of relying solely on Florida’s default rules for divorce or inheritance, rules that may not match your priorities, a well-crafted postnup lets you both define how property, debts, and support would be handled if the unexpected happens. For many couples, the goal is not planning for divorce; it is reducing uncertainty, preventing future conflict, and strengthening trust by making sure each spouse understands the financial landscape.

But drafting a postnuptial agreement is not something to approach casually. Florida courts expect full honesty, meaningful financial disclosure, and terms that make sense for both people. Agreements that cut corners, hide information, or heavily favor one spouse are vulnerable to being thrown out. That’s why the process works best with careful legal guidance, someone who can translate the law into clear options, help you identify what truly matters, and ensure your agreement is built to last.

At The Law Office of John P. Sherman, PLLC, postnuptial agreements are part of a broader family law practice focused on helping married couples make informed, realistic decisions about their financial future. John brings years of trial experience and a practical, one-on-one approach that helps spouses create agreements that are not only enforceable, but genuinely aligned with their goals and circumstances.

What Is a Postnuptial Agreement in Florida?

A postnuptial agreement is a written contract that spouses sign after they are already married. In Florida, it can address how property and debts will be treated during the marriage, how they will be divided if the couple divorces, and what rights each spouse will have if the other dies. In many ways, it functions like a prenuptial agreement, but it is created later, once the marriage is already a legal reality rather than just a future plan.

Under Florida law, postnuptial agreements are generally enforceable if they follow basic contract principles and meet additional fairness and disclosure standards that apply in the marital context. Courts recognize that spouses stand in a relationship of trust and confidence with each other, so judges look closely at whether each person understood the terms, received full and fair information about the other’s finances, and signed voluntarily. Florida appellate decisions and Supreme Court cases, including landmark decisions on marital settlement agreements, have emphasized these duties of honesty and fairness between spouses who sign post-marital contracts.

A valid postnup does not replace every aspect of Florida family law, but it can override many default rules about property and alimony if the agreement is voluntary, fully informed, and not unconscionable at the time it was signed. If an agreement fails those tests, courts retain the power to set it aside and apply Florida’s standard equitable distribution and support rules instead.

What Can (and Can’t) Be Included in a Postnuptial Agreement?

Most postnuptial agreements in Florida focus on property, debts, and spousal support. Spouses can decide which assets will be treated as separate property, how marital property will be divided in a divorce, who will be responsible for certain debts, and whether either spouse will pay alimony, and if so, under what conditions. They can also address business ownership interests, investment accounts, real estate, and how major financial decisions will be handled going forward.

Postnuptial agreements can also touch the estate-planning side of things. Florida law allows spouses to waive certain statutory property and inheritance rights, such as elective share claims or other rights that surviving spouses would otherwise have in each other’s estates. When these waivers are signed after marriage, the law generally requires a fair disclosure of each spouse’s assets and obligations so that any waiver of rights is informed and knowing.

However, there are important limits. Florida public policy does not allow parents to sign away the rights of their children in advance. Issues like child custody, parental responsibility, time-sharing, and child support must be decided based on the child’s best interests at the time of a divorce or court proceeding, not locked into a contract that might no longer make sense. Any postnuptial terms that try to bind a future court on custody or child support are likely to be ignored or struck down.

Courts are also wary of provisions that are illegal, grossly one-sided, or obtained through fraud, coercion, or overreaching. A postnup that attempts to shield hidden assets, punish a spouse, or leave one partner destitute while the other keeps everything is vulnerable to being set aside. Florida decisions evaluating post-marital agreements give judges broad authority to reject contracts that are fundamentally unfair or that were not negotiated in good faith.

Benefits of a Postnuptial Agreement for Married Couples

For many couples, the biggest benefit of a postnuptial agreement is clarity. Instead of guessing what a judge might do under Florida’s equitable distribution system, spouses can agree in advance on how property and debts will be handled if the marriage ends. Florida’s default rules divide marital assets and liabilities based on what is “equitable,” which often starts from, but does not always end at, a 50–50 framework. A postnup lets you tailor that outcome to your real situation rather than leaving it to a courtroom after a conflict has already exploded.

Postnuptial agreements can also reduce stress in marriages where there are substantial separate assets, second or later marriages, or blended families. When one spouse brings a business, significant investments, or an expected inheritance into the relationship, clearly documenting how those items will be treated can prevent resentment and misunderstandings later. Couples often find that once expectations are in writing, it becomes easier to focus on the relationship instead of worrying about “what if” scenarios.

Another important benefit is that a postnup can support estate planning. Spouses can coordinate their agreement with wills, trusts, and beneficiary designations to ensure that children from prior relationships, closely held businesses, or family properties are treated the way they intend. Because Florida gives surviving spouses automatic rights in each other’s estates unless those rights are waived, a carefully drafted postnuptial agreement can be a key part of honoring both spouses’ long-term plans.

Finally, some couples use postnuptial agreements as a tool during a rough patch in the marriage. When there has been serious conflict or a near-divorce, agreeing on financial terms can sometimes remove a major source of anxiety and help both spouses feel safer investing emotionally in the relationship again. In those situations, it is especially important to work with a careful lawyer who can make sure that the agreement is truly voluntary and fair to both sides.

Legal Requirements for a Valid Postnuptial Agreement in Florida

Although each case is unique, Florida courts consistently look at a few core elements when deciding whether to enforce a postnuptial agreement. First, the agreement must be in writing and signed by both spouses. Oral understandings about property division or support are not enough. Because postnups often touch on real estate and other interests governed by the statute of frauds, written documentation is essential.

Second, the agreement must be entered into voluntarily. If a spouse can show that they were pressured, threatened, misled, or signed during a time of extreme vulnerability without a meaningful choice, the agreement is at risk. Florida case law on nuptial agreements, including decisions from the state Supreme Court, emphasizes freedom of choice and the absence of duress as central to enforceability.

Third, courts look closely at fairness and disclosure. Because spouses owe each other a duty of honesty and loyalty, judges scrutinize postnuptial agreements to see whether each person had a full and fair picture of the other’s finances, and whether the overall terms were reasonable when the agreement was signed. An agreement may be vulnerable if it was both grossly one-sided and negotiated without transparent financial information.

Financial Disclosure, Consideration, and Waiver of Rights

Financial disclosure plays a special role in Florida postnuptial agreements. When a spouse signs away significant property or inheritance rights after the wedding, state law expects that decision to be made with clear knowledge of the other spouse’s assets, income, and obligations. For example, Florida statutes that govern spousal waivers in the estate context specifically require fair disclosure when those waivers are executed during the marriage.

Florida Supreme Court decisions on post-marital settlement agreements, including the well-known Casto case, have shaped how lower courts analyze these contracts. Those rulings outline two basic paths for challenging an agreement: showing that it was reached without full and fair financial disclosure, or proving that the terms were so unreasonable that they could not have been the product of an informed, voluntary choice. While every case turns on its facts, the message is clear: hidden information and extreme unfairness are red flags.

Consideration—the legal concept of what each side gives or agrees to—is another piece of the puzzle. In a postnuptial agreement, the marriage itself is already in place, so something more than simply “staying married” should support the contract. Common examples include mutual waivers of rights, agreed methods of dividing assets, or specific financial arrangements that benefit one or both spouses in a concrete way. These exchanges help show that the agreement is a serious, bargained-for contract rather than a one-sided demand.

Finally, waivers of rights in a postnup must be clear and specific. A spouse who gives up claims to alimony, business interests, or inheritance rights should be able to see plainly in the document what they are relinquishing. Florida courts and domestic relations bench guides stress that vague language and hidden waivers are a recipe for future litigation and may undermine enforceability.

Who Should Hire a Postnuptial Agreement Lawyer?

Almost any married couple in Florida can benefit from professional advice about postnuptial agreements, but there are situations where hiring a lawyer is especially important. If one or both spouses own a business, hold significant investments, or expect large inheritances, the financial stakes are high enough that a generic form agreement is risky. A lawyer can help structure terms that protect those interests without undermining the relationship.

Couples entering a second or later marriage, especially when there are children from prior relationships, often use postnups to balance their obligations: they may want to provide for each other while also safeguarding certain assets for their children. Others consider a postnuptial agreement after a major change, such as one spouse leaving the workforce to care for children, a substantial career jump, or the purchase of real estate or a business in one spouse’s name.

It is also wise to consult a lawyer if there is already a postnup in place and one spouse is worried about whether it would hold up in court. Understanding the agreement’s strengths and weaknesses ahead of time can help spouses decide whether to update it, replace it, or take other steps to protect themselves. At The Law Office of John P. Sherman, PLLC, John regularly reviews existing agreements alongside current Florida law and recent case developments to give clients a realistic assessment of where they stand.

Schedule a Consultation with a Postnuptial Agreement Attorney in Florida

Meeting with a postnuptial agreement lawyer is not about “planning to divorce,” it is about getting clear information and making intentional choices about your financial life. In an initial consultation, you can expect to discuss your current assets and debts, your goals for protecting each spouse, any concerns about fairness, and how Florida law would treat your situation with or without an agreement.

John’s approach is to translate complex legal rules into plain language so you can see the practical pros and cons of different options. He can draft a new postnuptial agreement from scratch, revise an existing draft, or evaluate a document that has already been signed in light of Florida’s current standards for disclosure, voluntariness, and fairness. Throughout the process, the focus is on balanced, workable solutions rather than one-sided “wins” that are likely to be challenged later.

The firm represents clients throughout Florida and offers flexible scheduling so that busy professionals and parents can get the guidance they need without adding unnecessary stress. If your spouse already has a lawyer or is considering an agreement, getting your own independent advice is one of the most important steps you can take to protect yourself.

Conclusion

A postnuptial agreement can be one of the most powerful tools a married couple in Florida has to bring order and predictability to their financial lives. When it is drafted carefully, with full financial disclosure, clear terms, and genuine fairness, it can override many default rules and give both spouses confidence about what would happen if the marriage ends or one partner dies. When it is rushed, vague, or one-sided, it can become a source of conflict and may not survive a legal challenge.

Florida law gives judges both the authority to enforce solid postnuptial agreements and the responsibility to set aside those that were obtained through coercion, hidden information, or extreme unfairness. That makes it essential to get the structure right from the beginning. Instead of relying on generic templates or informal promises, working with a knowledgeable postnuptial agreement lawyer can help ensure that your contract reflects your true intentions and meets the standards Florida courts expect.

At The Law Office of John P. Sherman, PLLC, the goal is to turn confusing rules into a clear, workable plan for your marriage and your future. John brings trial-tested experience, a deep understanding of Florida family law, and a commitment to one-on-one representation to every postnuptial agreement he drafts or reviews. If you are considering a postnup or have questions about one that already exists, the next step is not to guess about your rights, it is to schedule a conversation with a Florida postnuptial agreement attorney who can give you practical, tailored advice.