TL;DR – Talking About a Postnup Can Strengthen Your Marriage
A postnuptial agreement isn’t about planning for failure—it’s about building clarity, trust, and legal structure for your life together. Here’s how to do it right.
How to Discuss and Draft a Postnuptial Agreement With Your Spouse
Postnups: A Smart Move, Not a Sign of Trouble
Many couples assume that if they didn’t sign a prenup, it’s too late to create a marital agreement. Not true. A postnuptial agreement in Florida allows spouses to define financial expectations, responsibilities, and protections—after marriage.
And while the legal side matters, the conversation matters even more. Talking about a postnup with your spouse requires care, respect, and clarity.
What Is a Postnuptial Agreement?
A postnuptial agreement (or “postnup”) is a legally binding contract made between spouses after they’re already married. Like a prenup, it outlines how assets, debts, income, and property will be treated during the marriage and in the event of divorce or death.
- Both spouses must enter into it voluntarily
- There must be full and fair disclosure of financial information
- The agreement cannot violate public policy or be grossly unfair
Why Consider a Postnuptial Agreement?
Couples pursue postnups for a variety of reasons:
- One spouse starts or sells a business
- There’s a change in income, assets, or inheritance
- You’re blending families and want clarity for children
- You want to clarify financial boundaries or responsibilities
- To strengthen the marriage after past conflict or infidelity
Contrary to common belief, a postnup can be a tool for relationship trust—not division.
How to Discuss a Postnup With Your Spouse
Here are some proven postnup communication tips to make the conversation respectful and productive:
- Pick a calm time—not during an argument or a stressful moment
- Lead with shared values—like planning, fairness, or family protection
- Be transparent—share why the agreement matters to you
- Invite collaboration—frame it as “something we build together”
- Involve neutral professionals—an attorney or mediator can help
What to Include in a Florida Postnup
A Florida postnuptial agreement can cover a wide range of marital topics, including:
- Division of property and debt
- Spousal support (alimony) in case of divorce
- Estate planning protections
- Responsibility for business income or liabilities
- Guidelines for savings, spending, and asset growth
It cannot pre-determine child custody or child support.
Don’t DIY a Postnup—Protect Your Agreement
At Brandon Legal Group, we ensure that your agreement is legally sound, personalized, and fair—while helping you preserve the emotional trust behind it.
Let’s Build Something Solid—Together
Schedule your confidential postnup consultation and let’s create an agreement that protects your future—and respects your relationship.
Frequently Asked Questions
Is a postnup legally valid in Florida?
Yes—if it meets Florida’s requirements for fairness, disclosure, and voluntary agreement. It must be in writing and signed by both spouses.
Can a postnup include child custody or child support?
No. Child-related matters are determined by the court at the time of separation or divorce, based on the child’s best interest—not prior agreements.
What if my spouse thinks a postnup means I don’t trust them?
Approach it as a financial planning tool, not a relationship test. Focus on fairness, transparency, and protection for both parties.
How is a postnup different from a prenup?
They’re very similar in content, but a prenup is signed before marriage, and a postnup is signed after. The same legal standards generally apply.
Do we each need a lawyer to create a postnup?
It’s strongly recommended. Independent legal counsel helps ensure both parties fully understand the terms, which protects enforceability.
