Divorce Involving Prenuptial or Postnuptial Agreements

Prenuptial and postnuptial agreements are increasingly common in marriages where one or both spouses have substantial assets, business interests, or unique financial circumstances. These agreements serve as legal tools to define how property, debts, and financial obligations will be handled during the marriage and in the event of divorce. While they can simplify divorce proceedings and reduce uncertainty, disputes over the validity or interpretation of these agreements can introduce significant legal complexity. At Adams, Luka & Benton P.A., we guide clients through divorces that involve prenuptial or postnuptial agreements, ensuring their rights are protected and that the agreements are enforced or challenged appropriately under Florida law.

Prenuptial agreements are contracts entered into before marriage, designed to outline the distribution of assets, debts, and other financial matters in case of divorce or death. They often address matters such as property ownership, spousal support, business interests, and even the handling of inheritances or family trusts. Postnuptial agreements, in contrast, are executed after marriage but serve a similar purpose, clarifying financial arrangements and obligations if the marriage ends.

Both types of agreements provide spouses with certainty and can prevent lengthy litigation. However, the enforceability of these agreements depends on strict adherence to Florida statutory requirements, including full disclosure of assets, absence of coercion, and fairness at the time of execution. Disputes can arise when one party claims they were pressured to sign, did not fully understand the agreement, or alleges that material information was withheld.

Florida Statute 61.079 recognizes prenuptial agreements under the Florida Premarital Agreement Act and relevant case law. It also recognizes postnuptial agreements which are governed by Florida contract law. To be enforceable, these agreements must be entered into voluntarily by both parties, with fair and reasonable disclosure of assets and liabilities. Additionally, the agreements must not be unconscionable at the time of signing or at the time they are being enforced.

Courts carefully examine the circumstances surrounding the creation of the agreement. For example, an agreement signed the day before the wedding may be scrutinized more closely than one executed months in advance. Similarly, postnuptial agreements require clear evidence that both parties entered into the contract knowingly, voluntarily, and with adequate consideration.

Florida courts generally respect the terms of a valid prenuptial or postnuptial agreement, but they retain the authority to modify or invalidate provisions under certain circumstances. This can occur if the agreement was signed under duress, contains fraudulent statements, or if enforcing the agreement would be fundamentally unfair. In some cases, the court may treat intentional concealment of assets or misleading information as grounds for adjustment, effectively acting as a form of sentencing enhancement within the divorce context, penalizing the party who attempted to undermine fairness.

These agreements often include provisions addressing property division, spousal support, debt allocation, and inheritance rights. They may also include clauses that address business interests, professional licenses, or family heirlooms. While prenuptial agreements are usually broader in scope because they are created before the marriage, postnuptial agreements often focus on circumstances that have arisen during the marriage, such as a change in financial position, business success, or a new family dynamic.

Property division clauses typically specify which assets are considered separate property and which are marital property. They may define how jointly acquired property will be divided and outline procedures for valuing and distributing assets. Spousal support clauses can establish limits or conditions under which alimony will be paid, including duration, amount, and circumstances that may terminate support. Debt allocation provisions are also common, specifying responsibility for mortgages, loans, and credit card balances.

Business and professional interests often require careful drafting and valuation. A spouse may seek to protect a business they founded before marriage, while the other spouse may want to ensure equitable treatment for contributions made during the marriage. Postnuptial agreements can address changes in business valuation, income fluctuations, or shared management responsibilities.

Disputes often arise over whether a prenuptial or postnuptial agreement is enforceable, how its terms should be interpreted, or whether circumstances have changed to make enforcement unfair. One common challenge is proving full financial disclosure. If one party can show that the other spouse deliberately concealed assets, inflated liabilities, or misrepresented financial information, the agreement may be contested. Courts take intentional concealment seriously, often resulting in adjustments to asset division, compensation for legal expenses, or other remedies that mirror sentencing enhancements in criminal law, where the severity of the misconduct leads to harsher consequences.

Another challenge is demonstrating voluntariness. If a spouse can show that they were coerced or threatened into signing the agreement, or that they lacked meaningful legal counsel, the court may decline to enforce certain provisions. Similarly, unconscionable terms, such as extremely one-sided financial arrangements, may be set aside or modified to achieve fairness.

Changes in circumstances after the agreement was executed can also prompt disputes. For instance, if one spouse suffers a significant loss of income, experiences a serious illness, or if children are born after the agreement, the court may consider whether enforcement of the original terms would be fundamentally unfair. Courts balance the intent of the agreement with equitable principles, aiming to prevent injustice while respecting the parties' contractual choices.

When a divorce involves a prenuptial or postnuptial agreement, thorough investigation and verification of financial records are essential. Attorneys may engage forensic accountants or financial experts to evaluate assets, review bank statements, and trace transactions if the assets are significant. This ensures that all relevant property is accounted for and that the terms of the agreement are applied correctly.

Hidden or misrepresented assets can significantly alter the outcome of a divorce. Common examples include undisclosed bank accounts, hidden investment income, real estate held in third-party names, or transfers to relatives. Uncovering these assets may require subpoenas, depositions, or other legal tools. Courts view intentional concealment as a serious violation of the legal process, and they may apply remedies designed to compensate the innocent spouse or penalize the offending party, echoing the concept of sentencing enhancements.

Even when all assets are disclosed, valuation remains a critical aspect of enforcement. Real estate, businesses, retirement accounts, and personal property may need professional appraisal to determine accurate value. Proper valuation ensures that the distribution outlined in a prenuptial or postnuptial agreement is fair and reflects the current market value.

Business valuations can be particularly complex, especially when one spouse owns a company or professional practice. Forensic accounting is often used to determine income, assess market value, and evaluate contributions made by each spouse. In some cases, the court may order independent valuations to resolve disputes and ensure equitable treatment.

Prenuptial and postnuptial agreements often include provisions limiting or waiving spousal support. Florida courts generally enforce these provisions if they were entered into voluntarily and with full knowledge of the financial circumstances of each party. However, if the agreement leaves one spouse in a position of extreme hardship, the court may intervene to modify support obligations.

The court may also consider changes in circumstances that occurred after the agreement was executed. For example, a spouse may experience a significant medical condition, lose their income, or become the primary caregiver for children. In such cases, the court weighs the intent of the agreement against the principle of fairness and may adjust support accordingly.

When prenuptial or postnuptial agreements are disputed, litigation may be necessary. Attorneys at Adams, Luka & Benton guide clients through the process, presenting evidence that demonstrates the validity of the agreement or highlighting issues that justify modification. The litigation process can include discovery, depositions, expert testimony, and motions to enforce or invalidate provisions.

Courts scrutinize both the formation and execution of the agreement. Evidence of fraud, concealment of assets, duress, or unconscionable terms can lead to partial or full invalidation. In cases involving intentional financial misconduct, the court may award additional compensation or adjust property division to account for the wrongdoing, reinforcing the principle that dishonest behavior carries consequences similar to sentencing enhancements.

Navigating divorce with a prenuptial or postnuptial agreement requires strategic planning and attention to detail. The attorneys at Adams, Luka & Benton help clients review agreements, verify financial information, and develop strategies that protect their rights. We also advise clients on negotiation tactics, mediation, and litigation strategies to achieve equitable outcomes.

We emphasize proactive investigation and preparation. By gathering comprehensive financial records, engaging experts when necessary, and evaluating potential legal challenges, we ensure that our clients are positioned to enforce agreements effectively or contest unfair terms.

Many people believe that prenuptial or postnuptial agreements are infallible. In reality, these agreements are legal contracts that are subject to judicial scrutiny. A poorly drafted agreement, lack of disclosure, or evidence of coercion can all jeopardize enforceability. Additionally, some spouses assume that an agreement eliminates the need for careful litigation planning. On the contrary, attorneys must often interpret complex provisions, assess compliance, and evaluate changes in circumstances to protect clients' interests.

Consider a scenario in which a prenuptial agreement limits spousal support to a fixed amount. If the supporting spouse deliberately fails to disclose income from a business acquired during the marriage, the other spouse may petition the court to adjust support based on the concealed income. Similarly, if a postnuptial agreement is executed under duress, with threats or coercion, the disadvantaged spouse may successfully challenge enforcement. In both instances, the court's remedies can mirror sentencing enhancements, applying additional penalties or adjustments to account for the misconduct.

Divorces involving prenuptial or postnuptial agreements can be highly complex, and even small mistakes or omissions can have long-lasting financial consequences. Whether you are seeking to enforce the terms of an agreement, challenge its validity, or navigate disputes over assets and spousal support, the attorneys at Adams, Luka & Benton are here to help.

Our team will carefully review your agreements, investigate financial disclosures, and develop a strategic plan tailored to your unique situation. We are committed to protecting your rights and ensuring that the terms of the agreement are applied fairly under Florida law.

Contact our office today to schedule a consultation and learn how we can assist you in navigating the challenges of divorce involving prenuptial or postnuptial agreements. With experienced legal guidance, you can move forward with confidence, knowing your financial interests and long-term stability are being safeguarded.