Do You Need a Prenup? 5 Signs It’s the Right Move

When couples get engaged, the last thing they usually want to think about is a potential breakup. But discussing a prenuptial agreement (prenup) isn't planning for failure—it's planning for clarity, security, and peace of mind. Florida's laws give couples wide flexibility to create prenups that protect both parties' interests, but not everyone needs one. So how do you know if a prenup is the right move for you?

 

Here are five signs it’s smart to consider a prenup before saying “I do” in Florida:

1. You or Your Partner Own Significant Assets

Florida is an equitable distribution state, meaning marital assets are divided fairly—but not necessarily equally—if you divorce. If you or your fiancé already own substantial assets like real estate, retirement accounts, or a business, a prenup can protect them as separate property, ensuring they stay yours even after marriage.

 

2. You Have Children from a Previous Relationship

Protecting your children’s inheritance is a major reason many Floridians create prenups. Without a prenup, assets acquired during the marriage could later be divided with a new spouse, potentially disinheriting children from a prior relationship. A prenup can make clear what is intended for your children versus your spouse.

 

3. One of You Has Significant Debt

In Florida, debts incurred during the marriage are typically considered marital debts. If your future spouse is entering the marriage with major student loans, credit card debt, or other financial obligations, a prenup can establish that you won’t be responsible for debts they brought into the marriage.

 

4. You’re Planning to Leave the Workforce

If one partner plans to leave their job to raise children or support the other’s career, a prenup can ensure they are financially protected. It can address alimony (spousal support) ahead of time, providing some financial security in case the marriage ends unexpectedly.

 

5. You Want to Avoid Stress and Court Battles Later

One of the biggest advantages of a Florida prenup is avoiding lengthy, expensive legal battles if divorce does happen. Prenups allow couples to make decisions calmly and fairly while still in a loving and cooperative place, rather than leaving major financial decisions up to a judge later.

 

Final Thought

In Florida, prenups are generally enforceable if they are entered into voluntarily, are not unconscionable, and both parties fully disclose their assets and liabilities. Working with an experienced Florida family law attorney ensures that your prenup meets all legal requirements and truly protects your future.

A prenuptial agreement isn't a prediction of failure—it's a smart investment in trust, communication, and financial transparency. If any of these signs apply to you, it may be time to consider having a candid conversation about creating a Florida prenup.