Can you get a prenup after you're married?

Not technically—but you can get a postnuptial agreement, which serves the same purpose. A postnup is a contract between spouses who are already married that determines how assets, debts, and support will be handled during the marriage and in the event of divorce. It provides the same protections as a prenup.

Are postnuptial agreements enforceable in Florida?

Yes. Florida courts enforce postnuptial agreements if they meet contract requirements: written form, voluntary signing by both parties, full financial disclosure, and terms that aren't unconscionable. Because spouses owe each other fiduciary duties, courts scrutinize postnups more carefully than prenups.

Is a postnup as strong as a prenup?

Both are enforceable if properly drafted and executed. However, postnups may face more scrutiny because spouses owe each other fiduciary duties and there's potential for one spouse to pressure the other. Having both parties represented by separate attorneys significantly strengthens a postnup.

Can a postnup help if we're having marital problems?

Yes. Some couples use postnups as part of reconciliation—setting clear expectations and consequences going forward. However, courts scrutinize agreements signed during marital difficulties to ensure one spouse wasn't coerced while vulnerable. Both parties should have independent attorneys.

How much does a postnup cost in Florida?

Our flat-fee postnuptial agreement costs $995, including comprehensive terms, disclosure schedules, and one round of revisions. Traditional hourly billing ranges from $2,000-$4,000 for simple postnups to $5,000-$15,000+ for complex agreements.

Florida Postnuptial Agreement: Protect Assets After You're Already Married (2026 Guide)

What Is a Postnuptial Agreement?

A postnuptial agreement (postnup) is a legally binding contract between spouses who are already married. It works just like a prenup, but it's signed after the wedding instead of before.

If you didn't get a prenup—or your circumstances have changed since marriage—a postnup can provide the same protections.

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Why Get a Postnup?

You Didn't Get a Prenup

Many couples skip prenups because:

They didn't have significant assets at marriage
It felt "unromantic" to discuss
They didn't think they needed one
There wasn't enough time before the wedding

A postnup gives you a second chance.

Your Circumstances Changed

Since getting married, you may have:

Started or acquired a business
Received a large inheritance
Experienced significant income growth
Had children (with different estate planning needs)
Accumulated substantial assets

Reconciliation After Difficulties

Some couples use postnups as part of reconciliation:

Setting clear financial expectations going forward
Addressing issues that caused marital problems
Creating accountability and transparency

Protecting Children from Prior Relationships

A postnup can ensure:

Assets pass to children from a previous relationship
Your spouse's claims don't override your children's inheritance
Estate plans are coordinated and clear

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Prenup vs. Postnup: Key Differences

Aspect	Prenup	Postnup
When signed	Before marriage	After marriage
Legal standard	Uniform Premarital Agreement Act	Contract law / equity
Scrutiny level	Standard	Often higher
Consideration	Marriage itself	Must have additional consideration
Enforceability	Generally strong	Strong if properly done

The "Consideration" Difference

For any contract to be valid, there must be "consideration"—something of value exchanged.

Prenup: The marriage itself is the consideration
Postnup: Since you're already married, courts look for other consideration

Examples of valid postnup consideration:

Mutual promises and obligations
One spouse forgiving a debt
Modification of existing marital rights
Reconciliation of the marriage

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What Can a Postnup Include?

Property Division

Classification of current assets as separate or marital
How future assets will be treated
Division of property if divorce occurs
Rights to specific assets (homes, investments, businesses)

Alimony/Spousal Support

Waiver or limitation of alimony
Specific support terms
Duration caps

Debt Allocation

Responsibility for existing debts
Future debt obligations
Protection from spouse's debts

Estate Planning Coordination

Rights to inheritance
Life insurance beneficiaries
Retirement account coordination

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Requirements for an Enforceable Florida Postnup

1. Written Agreement

Must be in writing—verbal agreements don't count.

2. Voluntary Execution

Both spouses must sign willingly, without:

Coercion or duress
Fraud or misrepresentation
Threats related to the marriage

3. Full Disclosure

Complete disclosure of:

All assets and their values
All debts
Income information

4. Not Unconscionable

The terms cannot be grossly unfair. Courts scrutinize postnups more carefully because:

Spouses owe each other fiduciary duties
There's often unequal bargaining power
One spouse may feel pressure to sign to save the marriage

5. Proper Execution

Both spouses must sign. Notarization is recommended.

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Postnups and Marital Problems

Using a Postnup After Infidelity

Some couples create postnups as part of reconciliation:

"If you cheat again, you forfeit X"
Financial incentives for remaining faithful
Clarity about consequences

Caution: Courts may scrutinize whether the "wronged" spouse coerced the other into signing during a vulnerable time.

Postnups During Separation

If you're separated but not divorced:

Postnups can formalize the separation terms
They may convert to a marital settlement agreement later
Both parties should have attorneys

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Can We Modify Our Prenup with a Postnup?

Yes. A postnup can:

Replace the prenup entirely
Modify specific provisions
Supplement with additional terms
Waive certain prenup provisions

The postnup should clearly state its relationship to the existing prenup.

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Postnup Cost in Florida

Our Flat-Fee Service

Postnuptial Agreement: $995

Includes:

Comprehensive Postnuptial Agreement
Full disclosure schedules
Property characterization provisions
Division provisions for marital property
Alimony provisions (if desired)
One round of revisions
Execution instructions

Traditional Hourly Billing

Simple postnup: $2,000-$4,000
Complex postnup: $5,000-$15,000+

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Challenging a Postnup in Divorce

Postnups face more scrutiny than prenups because spouses owe each other fiduciary duties.

Common Challenges

Coercion/Duress - "Sign this or I'm filing for divorce"

Lack of disclosure - Hidden assets or debts

Unconscionability - Grossly unfair terms

No independent counsel - Especially if terms heavily favor one spouse

How to Strengthen Your Postnup

Both spouses have separate attorneys
Complete financial disclosure
Reasonable, fair terms
No threats or ultimatums
Time to review and consider

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Do Both Spouses Need Attorneys?

Strongly recommended for postnups.

Because spouses owe each other fiduciary duties, courts look closely at whether:

Both parties understood the agreement
One spouse took advantage of the other
There was independent advice

Having separate attorneys proves:

Both spouses received independent legal advice
Neither was at an unfair disadvantage
The agreement was truly voluntary

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Already Married? You Can Still Protect Your Assets

A postnup gives married couples the same protections as a prenup. At Divorce.law:

$995 flat fee for comprehensive postnuptial agreement
Full disclosure schedules included
5-7 day turnaround
Protects your assets, business, and future

It's not too late to plan ahead.