A postnuptial agreement is a practical tool married couples use to set clear financial rules and reduce future risk. At Kofsky Law, we help Florida families set clear rules around money, property, and expectations so problems do not spiral out of control later. Led by Martin Kofsky, our team handles both routine and high-stakes agreements with care and precision.
We know these choices involve real financial and legal consequences. You can expect steady guidance, a clear process, and a plan that fits your goals.
What a Florida Postnuptial Agreement Can Do For You
A postnuptial agreement is a written contract you and your spouse sign after marriage. It sets the ground rules for property rights, support, and other financial issues if you separate, divorce, or if one spouse passes away. This can be especially helpful in high-asset or high-conflict situations.
- Define what is separate property and what is marital property, including homes, investments, and retirement accounts.
- Address alimony by setting limits, waiving it, or creating a clear formula.
- Explain how assets and debts will be divided if the marriage ends, providing both parties with certainty.
- Protect inheritances, business interests, and professional practices that need insulation from future disputes.
- Meet the disclosure requirements under Florida Statute § 732.702 when waiving spousal estate rights.
- Prevent unfair arrangements, since Florida courts do not enforce agreements that are unconscionable or signed under pressure.
Handled well, a postnup lowers the temperature at home and reduces the chance of ugly fights later. We build agreements that are clear, plain, and usable in real life.
When to Consider a Postnuptial Agreement
A postnup makes sense for couples who skipped a prenup or whose finances have changed. It is also useful if trust needs repair or if one spouse is taking on a new risk. The goal is clarity now, not courtroom battles later.
- You did not sign a prenup, and you now want clear rules for property and support.
- There is a large inheritance, a new business, or a sharp change in income.
- One spouse has heavy debt or faces possible liability from work or investments.
- You are reconciling after a rough patch and want guardrails that support that repair.
- You want to protect assets for children from a prior marriage.
If your situation is complex or high-risk, our firm is built for that level of detail. We handle the hard cases without losing sight of long-term financial stability.
How Kofsky Law Assists Clients with Postnuptial Agreements
We offer a clear process, steady communication, and strong advocacy from start to finish. You will always know what comes next and why it matters.
Focused Initial Consultation
We provide a private space to talk through your concerns, goals, and non-negotiables. Our attorneys listen closely, then outline options that fit your life and risk profile.
Agreement Drafting and Review That Fits Your Life
We prepare agreements built around your assets, debts, business interests, and family needs. If your spouse presents a draft, we review it line by line, spot problems, and propose fixes that protect your rights.
Negotiation and Mediation
We handle direct talks with your spouse or their attorney to reach terms that work on both sides. If needed, we use mediation to keep discussions productive and focused on solutions.
Enforcement and Modification
If the agreement is challenged, we are ready to go to court and defend its terms. We also update agreements when life changes, such as a business sale, a health shift, or a large inheritance.
Understanding Key Considerations for Postnuptial Agreements
Florida law imposes clear rules on postnuptial agreements. Meeting those rules is the difference between a strong contract and a document that falls apart later. Our team makes sure the formalities are handled properly.
- The agreement must be in writing and signed freely by both spouses.
- Both sides must provide full and accurate financial disclosure, including income, assets, and debts.
- No fraud, coercion, or duress can be involved, or the court can reject the agreement.
- A postnup does not set child custody and child support, since courts decide those based on the child’s best interests at that time.
Below is a quick guide to common topics and how Florida courts treat them.
Florida Postnuptial Agreements: What They Can and Cannot Cover
| Topic | Allowed in Postnup | Notes |
| Property division | Yes | Define separate vs. marital property, set division methods, and protect business interests. |
| Alimony | Yes | Set terms, limits, or waivers, subject to fairness and public policy. |
| Debts | Yes | Assign responsibility for credit cards, loans, tax debts, and future liabilities. |
| Inheritance and estate rights | Yes | Waivers of spousal estate rights require full disclosure under § 732.702. |
| Child custody | No | Courts decide custody based on the child’s best interests at that time. |
| Child support | Limited | Parties cannot block court authority or ignore state guidelines. |
| Attorney’s fees provisions | Yes | Common in complex cases to set who pays fees in disputes. |
Kofsky Law will ensure every disclosure is complete and the final draft is clear, fair, and ready for real-world use.
Frequently Asked Questions About Florida Postnuptial Agreements
People often share the same few worries about postnups. Here are short answers to help you move forward with more confidence.
What are the requirements for a valid postnuptial agreement in Florida?
The agreement must be in writing, signed freely by both spouses, and based on full and accurate financial disclosure. Each spouse should have the chance to speak with their own lawyer, which helps the agreement hold up later. Independent advice also lowers friction during talks.
Can a postnuptial agreement be changed or revoked?
Yes, the agreement can be modified or revoked if both spouses sign a written change. Get legal guidance so the revised terms are enforceable. We prepare amendments that align with the new reality while preserving the original intent.
What happens if my spouse doesn’t fully disclose their assets?
Full disclosure is a must. If a spouse hides assets or gives false numbers, a court can refuse to enforce the agreement. We help verify financial data and build a record that supports the contract.
Contact Kofsky Law Today
If you are weighing a postnup or facing a difficult one, we are ready to help. Reach out to Kofsky Law for clear advice and steady representation that protects what you built together. Call 561-407-0703 or visit our website to talk with our team. Please do not hesitate to contact us; your questions are welcome, and the first step is often the easiest one once you take it.
