Love and Logic: Why Florida Couples Need a Marriage Contract

I recently met a young couple from Winter Park who were head over heels in love but terrified of talking about money. One had significant student loans, and the other was launching a tech startup in Lake Nona. They worried that discussing a "prenup" would doom their romance before it even started. But here in Central Florida, clarity often strengthens relationships rather than hurting them.

A marriage contract isn't about planning for failure. It's about honest communication. If you have questions about how these agreements work, our family law team can help you navigate the conversation. Let's look at why more Orlando couples are choosing this practical step before walking down the aisle.

What Is a Marriage Contract in Florida?

A marriage contract, commonly called a prenuptial agreement or "prenup," is a written legal agreement between two future spouses that outlines how assets and debts will be divided if the marriage ends. In Florida, this document allows you to override the state's default "equitable distribution" laws, giving you control over your own financial future rather than leaving it up to a judge.

This contract covers much more than just who gets the house. It addresses:

• Property Division: Real estate, investment accounts, and vehicles.
• Debt Allocation: Who is responsible for student loans or credit card debt incurred before the marriage.
• Spousal Support: You can establish, limit, or waive alimony payments.
• Inheritance: Protecting family heirlooms or future inheritances for children from prior relationships.

It doesn't cover child custody or child support. Florida courts always determine those based on the best interests of the child at the time of divorce. However, locking in financial details now can save you massive headaches later. If you ever separate, having this document means you likely won't need to spend months negotiating with a collaborative divorce attorney Orlando Florida.

Do You Have to Be Wealthy to Need a Prenup?

No, marriage contracts are not just for the wealthy; they are essential for anyone who wants to clarify financial expectations or protect themselves from a spouse's pre-existing debt. In fact, many of the clients we see at our Concord Street office are middle-class professionals who simply want to ensure their hard-earned retirement savings or small inheritances stay secure.

Consider the cost of conflict. A typical contested divorce in Orange County can cost upwards of $20,000 per person and drag on for 12 to 18 months. In contrast, drafting a comprehensive marriage contract usually costs between $2,500 and $5,000 and takes just a few weeks.

Think of it like insurance. You don't buy car insurance expecting to crash on I-4. You buy it so that if something happens, you'ren't financially ruined. A marriage contract works the same way. It protects you from assuming liability for your partner’s $50,000 in credit card debt or losing half of the retirement fund you built over the last decade.

How Does a Marriage Contract Protect Business Owners?

In Florida, the increase in value of a business during the marriage is considered a marital asset and is subject to division, even if you started the business before the wedding. Without a contract, your spouse could be entitled to a portion of your company's appreciation, potentially forcing you to sell the business or buy them out at a premium.

This is a major concern for entrepreneurs in our area. If you run a medical practice in Dr. Phillips or a consultancy downtown, a divorce could destabilize your operations. A well-drafted marriage contract keeps your business interests separate. This ensures that your professional life remains unaffected by your personal life.

If you're already married and didn't sign a prenup, you might face complex negotiations later. In those cases, a skilled mediation attorney can help you resolve disputes without a trial. However, establishing these rules beforehand is always cheaper and less stressful than fighting over them later with a collaborative divorce attorney Orlando Florida.

What Are the Requirements for a Valid Florida Prenup?

For a prenuptial agreement to be enforceable in Florida courts, it must be in writing, signed by both parties, notarized, and—most importantly—executed voluntarily with full financial disclosure. If you hide assets or pressure your fiancé into signing the document two hours before the wedding, a judge will likely throw it out.

Full Financial Disclosure

You can't protect what you don't reveal. Both parties must provide a complete list of assets, liabilities, and income. If you hide a bank account with $10,000 in it, you jeopardize the entire agreement.

Independent Legal Counsel

While Florida law doesn't strictly mandate that both sides have a lawyer, it's highly recommended. If your spouse challenges the agreement later, showing that they had their own attorney review it proves they understood what they were signing. We have seen cases where agreements were overturned because one spouse claimed they didn't understand the legal terminology.

Timing Matters

Don't wait until the rehearsal dinner. We recommend signing the agreement at least 30 to 60 days before the wedding. This removes any argument that a spouse was signed under "duress" or extreme pressure.

Ready to Secure Your Future Together?

Discussing a marriage contract might feel unromantic, but it's one of the most responsible things you can do for your relationship. It forces you to have honest conversations about financial goals, spending habits, and plans. It builds trust because you're putting everything on the table.

If you skip this step and things don't work out, you're leaving your financial fate to a judge who doesn't know you. You might end up spending thousands on a collaborative divorce attorney Orlando Florida just to sort out issues you could have decided on your own years ago.

Take control of your future now. Whether you live in College Park, Celebration, or anywhere in between, our team is here to help you draft a fair agreement, legally sound, and tailored to your life.

Protect your assets and your peace of mind. Call Ilvento Law today at (407) 898-0747 or contact Ilvento Law online to schedule a consultation.