How prenups work in Florida.
What Florida law does to your money automatically, and how to set your own rules.
- Default Property Regime (Equitable Distribution): Florida is an Equitable Distribution state that begins with a presumption of a 50/50 split of marital assets and active appreciation.
- Typical Florida Prenup Cost: Unaligned Florida couples spend $7,000 to $12,500 across two lawyers, versus $2,800 to $4,800 when arriving with a reconciled Vespera brief.
- The #1 Florida Legal Trap to Know: Under the Florida Supreme Court's *Kaaa v. Kaaa* rule, even passive market appreciation on a pre-marital home becomes marital property if marital funds pay down any part of the mortgage.
You already have a prenup in Florida (the government wrote it).
Compare what Florida's automatic equitable distribution rules do to your money vs. what you can choose together in Vespera.
1. Salary, Bonuses & RSUs Earned After the Wedding
All income, bonuses, and equity earned during marriage are marital assets under Fla. Stat. § 61.075.
Decide together whether base salaries fund a joint household account while pre-wedding equity grants or a portion of bonuses stay separate.
2. Buying a Home When One Partner Pays More of the Down Payment
Tiling a home jointly in Florida creates a presumption of a Tenancy by the Entireties gift, erasing unequal down payment credits unless stated in a prenup.
Credit each partner their exact pre-marital down payment ($150k vs. $30k) off the top first, then split net home appreciation 50/50.
3. Pre-Marital Savings or a Pre-Marital Condo that Appreciates
Under *Kaaa v. Kaaa* and Fla. Stat. § 61.075(6)(a), paying a mortgage on a pre-marital home with marital income exposes a portion of market appreciation to division.
Keep pre-marital properties and passive/active growth clearly separated, even if marital income helps pay a mortgage or renovation.
4. Student Loans & Debt Brought Into the Marriage
Pre-marital student loans stay separate, while debts incurred during marriage are presumed marital.
Keep pre-marital student loans legally separate while optionally allowing household cash flow to pay them down with a fair reimbursement credit.
5. Spousal Support (Alimony) & Career Pauses for Children
Florida reformed its alimony laws in 2023 (eliminating permanent alimony and setting durational formulas), which a prenup can customize or waive.
Replace Florida's unpredictable court formulas with a custom safety net, such as guaranteed retirement contributions during a career pause for kids.
Florida prenups by the numbers.
$350 to $600/hr per lawyer
Typical billing rate in Miami, Palm Beach, Tampa, and Orlando.
$7,000 to $12,500
2 independent attorneys negotiating redlines over 12+ combined hours.
$4,000 to $6,500 saved
Eliminates expensive attorney negotiation over homestead and appreciation rules.
90 to 150 days before wedding
Avoids duress claims under *Hjortaas v. McCabe* timing scrutiny.
Real Estate, Homestead & Business LLCs
Pre-marital condos, unequal home down payments, and closely held businesses.
Fla. Stat. § 61.079 (Florida UPAA)
Also intersects with Florida Constitutional Homestead waiver requirements.
The 5 checkpoints that make a Florida prenup hold up in court.
Why a $599 boilerplate printout gets challenged in Florida courts, and how Vespera prepares you for all 5 statutory requirements.
Early Timing to Prevent Duress Claims
Florida case law (*Hjortaas v. McCabe*) shows that presenting a prenup days before the wedding can void the agreement for coercion.
Vespera lets couples start months early on equal footing.
Full & Fair Financial Disclosure
Fla. Stat. § 61.079(7) requires fair and reasonable disclosure of property and financial obligations, especially if waiving homestead rights.
Vespera generates complete Exhibit A and B financial tables for both partners.
Independent Counsel for Both Spouses
Separate counsel protects against claims that one partner did not understand Florida's homestead or *Kaaa* appreciation rules.
Exports separate Drafting and Reviewing Counsel Packets.
Addressing *Kaaa* Real Estate Appreciation
Boilerplate templates often fail to address passive appreciation on pre-marital property when marital income pays the mortgage.
Vespera walks couples through exact home equity and mortgage contribution choices.
Proper Execution & Two Witnesses for Homestead
Any waiver of Florida constitutional homestead rights requires execution in the presence of two subscribing witnesses.
Prepares your Florida attorneys with clean, editable .docx terms ready for proper witnessing.
Calculate your Florida lawyer billable-hour savings.
Pre-loaded with Miami, Tampa & Orlando's average family attorney rate ($475/hr per lawyer).
1. Attorney Rate & Topics
2. Cost & Enforceability Comparison
High court-challenge risk: unrepresented $599 forms often fail on support waivers, RSUs, or business equity.
14 combined hrs negotiating from scratch at $950/hr combined.
Explore Florida prenup guides by financial situation.
Tech Employees with Unvested RSUs & Options
Founders & Business OwnersStartup Founders, Small Business & LLC Owners
Unequal Home Down PaymentsCouples Buying a Home with Asymmetric Savings
Physicians & MedicalDoctors & Dentists with Med School Debt + High Future Income
Student Loans & Debt ShieldCouples Protecting One Partner from Pre-Marital Debt
Inheritance & Family WealthCouples Protecting Family Gifts, Trusts & Future Inheritances
Career Pauses & Family CareCouples Protecting a Partner Who Pauses Work for Kids
Second Marriages & Blended FamiliesSecond Marriages Protecting Existing Kids & Retirement
Florida prenup FAQs
Direct answers on Florida attorney costs, equitable distribution rules, and statutory timelines.
Do we both need a lawyer for a prenup in Florida?
Having two independent Florida family law attorneys is strongly recommended by courts to defeat any later claim of duress, lack of understanding, or unconscionability under Florida Statute Section 61.079.
Can a prenup protect a pre-marital condo or unequal down payment in Florida?
Yes. Without a prenup, Florida's *Kaaa v. Kaaa* rule allows a spouse to claim a share of passive market appreciation on a pre-marital home if marital income pays down the mortgage, and joint title presumes a 50/50 gift. A prenup overrides both defaults.
How much does a prenup lawyer cost in Miami or Tampa?
Family law attorneys in Miami, Palm Beach, and Tampa typically charge $350 to $600+ per hour. Unaligned couples pay $7,000 to $12,500 across two lawyers, whereas arriving aligned with a Vespera brief lowers total legal bills to $2,800 to $4,800.
Can we waive alimony in a Florida prenup?
Yes, under Florida Statute Section 61.079, couples may waive or modify permanent, bridge-the-gap, rehabilitative, or durational alimony, provided temporary support during a pending divorce is not unlawfully stripped and disclosure is complete.
How early before our Florida wedding should we start?
Start 90 to 150 days before your wedding date so both partners have plenty of time to align in Vespera, exchange disclosures, and review with independent Florida counsel.
Editorial & Statutory Framework Attribution • Florida Uniform Premarital Agreement Act (Fla. Stat. § 61.079)
Compiled by the Vespera Family Law Research Team for Florida (Miami, Tampa & Orlando) couples preparing for independent legal counsel.
Agree on your prenup before hiring lawyers.
Answer guided prompts privately, see where you match, and hand your attorneys an agreed brief.
Vespera is a pre-lawyer financial alignment workspace, not a law firm, and does not provide legal advice or draft binding contracts.