How Prenuptial and Postnuptial Agreements Affect Equitable Distribution

Prenuptial and postnuptial agreements can dictate how assets and debts will be divided in the event of a divorce, helping couples establish financial expectations early on.

Key Considerations

• Enforceability – Courts assess whether both parties entered into the agreement voluntarily and with full financial disclosure.
• What Can and Cannot Be Included – Florida law prohibits certain provisions, such as child support waivers, but allows couples to determine property rights and spousal support.
• Modification of Agreements – Changes in circumstances may require modifications to ensure fairness.

Casto v. Casto, 508 So. 2d 330 (Fla. 1988) clarifies when prenuptial agreements can be challenged, such as in cases of fraud or coercion.

Practical Tip: If considering a marital agreement, ensure it complies with Florida legal standards and protects both parties.

Need assistance drafting or reviewing a prenuptial or postnuptial agreement? Call Rhoden Law Group today for a complimentary consultation.