Recent Caselaw Effects the Statutory Writing of Law

By:  Bonnie Rhoden, Esquire

Prenuptial agreements are essential tools for couples seeking to define their financial boundaries and protect individual assets in the event of a divorce. However, as demonstrated in the recent case of Johnston v. Johnston, 391 So.3d 538 (Fla. 2nd DCA 2024), the specific language and execution of these agreements are crucial in determining their enforceability.

Case Overview: Johnston v. Johnston (a 2025 case)

In Johnston v. Johnston, the couple entered into a prenuptial agreement stipulating that the marital estate would include property acquired during the marriage, provided it was clearly traceable to income earned during the marriage or explicitly designated as marital property in the agreement. The agreement further stated that any property jointly titled at the time of marriage would be considered marital unless state law required both spouses to be on the title, in which case a separate document would be executed to clarify intent. For more details on this case, visit the Florida Second District Court of Appeal.

Appellate Court’s Decision

The Florida Second District Court of Appeal declined to apply the ejusdem generis rule and upheld the trial court’s decision. Judge Alissa Ellison ruled that the plain language of the prenuptial agreement controlled and, without a written document establishing the parties’ intent, the property remained marital in its entirety. This ruling underscores how Florida courts strictly enforce the explicit terms of prenuptial agreements and place the burden of proof on the party seeking an exception to the stated terms.

Lessons for Florida Couples Considering Pre Nup, Post Nup

This case serves as an important reminder that:

• – Joint titling matters: If property is titled jointly, courts will likely presume it to be marital unless clear evidence exists to show otherwise.
• – Adherence to prenuptial agreement procedures: If an agreement requires a separate document to establish intent, it is critical to execute that document to avoid disputes.
• – Clarity in legal agreements: Courts are hesitant to modify or reinterpret clear contract terms, even if one party later regrets the agreement’s consequences.

Prenuptial Agreements and Property Rights in Brevard County

For residents of Brevard County, including cities like Melbourne, Rockledge, Viera, Palm Bay and Titusville, understanding the implications of prenuptial agreements on property rights is crucial. Florida law recognizes the validity of prenuptial agreements, but their enforceability hinges on precise language and proper execution. As highlighted by the Florida Uniform Premarital Agreement Act, couples may contract generally with respect to property, spousal support, and estate planning issues. Learn more with our four part series on marital contracts.

Need Guidance? Contact Rhoden Law Group

If you are considering a prenuptial agreement or facing a divorce involving property disputes in Brevard County, consulting with an experienced family law attorney is essential. At Rhoden Law Group, we provide guidance on prenuptial agreements, equitable distribution, and property disputes in divorce cases. If you have questions about how your assets will be handled in a divorce or need help enforcing or challenging a prenuptial agreement, we are here to assist.

Call or text our office at 321-549-3162 or use the contact form here on our website to speak with Bonnie or Ken. All initial consultations are provided as a courtesy—let us help you protect your rights and navigate the complexities of Florida family law.