Postnuptial Agreement in Tampa

Board-Certified Family Law Attorneys for Married Couples in Tampa

A postnuptial agreement is a contract two spouses sign after the wedding. It can govern property division, debt allocation, spousal support, and related financial terms. Unlike a prenuptial agreement, which Florida governs under the Uniform Premarital Agreement Act (Section 61.079), a postnuptial agreement has no dedicated statute. Florida courts evaluate these agreements under the common-law framework established by the Florida Supreme Court’s 1987 decision in Casto v. Casto. This distinction carries real consequences for how the agreement must be drafted and disclosed.

We work with married couples throughout the Tampa area to draft, negotiate, and when necessary defend postnuptial agreements. Call us at (813) 328-6159 or reach out through our contact form to discuss your situation.

When Married Couples Consider a Postnuptial Agreement

Life rarely stands still after a wedding. Spouses often revisit their financial arrangements when circumstances shift in ways they didn’t anticipate. Common situations that bring couples to this decision include:

• Starting or growing a business: one spouse may want to protect a company’s value or clarify how equity would be treated if the marriage ends
• Receiving an inheritance or significant income change: a windfall or a gap in earning capacity can prompt spouses to restate their financial understanding
• Reconciliation after conflict: some couples use a postnuptial agreement to establish clear expectations as a condition of continuing the marriage, without that step signaling imminent divorce
• Estate planning coordination: Florida law allows spouses to waive elective share and homestead rights through a written agreement, but requires fair disclosure when those waivers occur after marriage

Florida’s Enforceability Standard Under Casto v. Casto

Because spouses already owe each other fiduciary-like obligations when they sign, Florida courts apply closer scrutiny to postnuptial agreements than to those signed before the wedding. Under Casto, a court may set aside the agreement on two grounds: first, if it resulted from fraud, duress, coercion, or material misrepresentation; second, if it makes an unreasonable provision for one spouse. That second ground raises a presumption of concealment, which the other spouse must rebut by proving full financial disclosure or demonstrating that the challenging spouse had general knowledge of the marital finances.

Meeting this standard isn’t a formality. The disclosure record, timing, and overall balance of terms all factor into whether an agreement survives challenge. Our attorneys have co-authored chapters in the Florida Bar’s official books on dissolution of marriage and post-decree modifications, giving them a precise understanding of how Florida courts read and evaluate these agreements.

What a Florida Postnuptial Agreement Can & Cannot Cover

Florida law gives spouses considerable room to define their own financial arrangements. A properly drafted agreement can address:

• Property division and characterization of separate versus marital assets
• Debt allocation between spouses
• Business ownership interests and their treatment upon divorce
• Spousal support terms and duration
• Life insurance death benefits
• Coordination with wills, trusts, and elective share rights

The law does place firm limits on what spouses can decide in advance. No agreement can eliminate or reduce a child’s right to support, and Florida courts determine custody and time-sharing based on the child’s best interests at the time the issue arises, not on what spouses agreed to earlier. Temporary support and attorney’s fees during a pending divorce proceeding can’t be waived in advance, and no provision can leave a spouse eligible for public assistance.

Postnuptial Agreement Counsel From Tampa’s Givens Law Group

Stann W. Givens holds Board Certification in Marital and Family Law from The Florida Bar, the highest level of evaluation the Bar offers in this field, reflecting tested knowledge, peer review, and substantial experience in complex matters. He served as former Chairman of the Florida Bar Board-Certification Committee for Marital and Family Law and is a Certified Family Law Mediator. Our attorneys bring more than 75 years of collective family law experience to these engagements, including work with business owners, executives, and professionals navigating high-net-worth situations.

That combination of mediation certification and trial experience matters in postnuptial agreement work. We can help spouses negotiate terms at the table or, if an agreement’s enforceability is ever challenged in court, represent your interests in that proceeding. Our approach is to resolve matters efficiently and cooperatively when conditions allow, while remaining fully prepared to advocate when they don’t.

Discuss Whether a Postnuptial Agreement Is Right for You

A postnuptial agreement isn’t the right tool for every situation, but for many married couples it provides clarity that can protect both spouses and reduce the uncertainty that financial change can create. An early conversation about your circumstances, your assets, and your goals can help determine whether it makes sense to move forward.

Contact Givens Law Group to schedule a consultation. Call (813) 328-6159 or use our contact form, and a member of our team can follow up promptly.