Billionaire healthcare executive Miguel "Mike" Fernandez and his wife Constance head to a Miami-Dade courtroom on June 25, 2026, in a divorce fight centered on a 2001 prenuptial agreement that caps her recovery at $1 million. He wants it enforced; she says she signed under pressure without understanding it. Florida's Uniform Premarital Agreement Act, F.S. 61.079, will decide who is right.

What Happened

Miguel Fernandez, 73, chairman of MBF Healthcare Partners and a reported billionaire, filed for divorce from Constance Tolevich Fernandez, 61, on March 20, 2026, in Miami-Dade County. The couple married on October 24, 2001, and signed a prenuptial agreement that same day. Under its terms, Constance would receive a lump sum of $1 million because the marriage lasted more than a decade.

Miguel is moving to enforce the agreement and is also seeking the couple's Coral Gables waterfront estate. Constance's legal team is challenging the prenup's validity, arguing she did not understand the document and signed it under pressure.

The contrast in the filings is stark. Court documents reference more than $10 million in assets Miguel says he gifted Constance over 25 years, roughly $6 million in jewelry (including a 22.88-carat emerald and a 3.60-carat diamond ring), luxury vehicles, a private jet, and yacht access. Against that backdrop, a $1 million payout is the flashpoint of the dispute. The couple shares one adult son; Miguel has four children from prior marriages.

The June 25 hearing will likely address preliminary issues, including how the court intends to handle the prenup challenge. High-asset Florida divorces involving a contested premarital agreement frequently require a separate evidentiary hearing before any property division occurs.

Legal Implications

This case is a textbook example of how a single document can control, or fail to control, the outcome of a divorce involving enormous wealth. In Florida, a valid prenuptial agreement can override the default rules of equitable distribution. An invalid one sends the parties back to those default rules, where decades of accumulated marital assets are on the table.

The core legal question is whether the 2001 agreement satisfies F.S. 61.079, Florida's adoption of the Uniform Premarital Agreement Act. A premarital agreement is generally enforceable if it is:

  • In writing and signed by both parties
  • Executed voluntarily, without coercion, fraud, or duress
  • Supported by fair and reasonable financial disclosure (or a valid written waiver of disclosure)
  • Not unconscionable when signed

Constance's reported arguments map directly onto two recognized challenge theories: that she signed involuntarily (the "pressure" claim) and that she did not understand the agreement. Under F.S. 61.079(7), the spouse seeking to avoid the agreement carries the burden of proving it was not executed voluntarily or that it was unconscionable and entered without adequate disclosure.

One detail stands out to any Florida family lawyer: the prenup was signed on the wedding day. Florida courts scrutinize last-minute agreements more closely because signing hours before a ceremony, with guests arriving and deposits paid, can support a duress argument. It does not automatically void the agreement, but it gives the challenging spouse a credible narrative. Agreements signed well in advance of the wedding are far harder to attack.

Florida-Specific Analysis

Florida is an equitable distribution state under F.S. 61.075. If the prenup falls, the court does not simply hand Constance half of everything, but it does begin from a presumption that marital assets and liabilities should be divided fairly, which often means roughly equally. After a 25-year marriage, the question of what is marital versus non-marital becomes critical and complex.

Separate property Miguel brought into the marriage or inherited may remain non-marital under F.S. 61.075(6), but appreciation in value caused by marital effort or funds can become marital through what Florida calls active appreciation and commingling. With a business empire, real estate, and decades of intertwined finances, tracing what started separate and what became marital is exactly the kind of fight that makes high-net-worth divorces expensive and slow.

Alimony is another consideration. Even with a prenup, spousal support provisions can be challenged separately. Florida's 2023 alimony reform, SB 1416, eliminated permanent alimony and established durational alimony tied to the length of the marriage under F.S. 61.08. For a marriage exceeding 20 years, durational alimony can run up to 75 percent of the length of the marriage. If the prenup's support waiver were set aside, these reformed rules would frame any alimony analysis. A prenup that waives alimony is enforceable in Florida, but courts will examine whether enforcing the waiver would leave a spouse unable to meet reasonable needs.

The Coral Gables estate Miguel is seeking illustrates the stakes. A marital home titled jointly, or purchased and improved with marital funds, is presumptively marital regardless of who earns more. If the prenup controls, its terms govern. If it does not, the home enters equitable distribution.

Practical Takeaways

Most Floridians will never litigate a billion-dollar estate, but the legal principles in this case apply to ordinary marriages just as forcefully.

  • A prenup is only as strong as its execution. Sign well before the wedding, with independent counsel for each party and full financial disclosure documented in writing.
  • Wedding-day signings invite duress challenges. The timing in the Fernandez case is precisely why family lawyers urge clients to finalize agreements at least 30 days out, ideally earlier.
  • Disclosure protects both sides. Concealing assets can void the agreement as to those assets and undermine the whole document. Honest, complete disclosure is the single best defense against a future challenge.
  • Generosity during marriage is not a substitute for a clear agreement. The reported $10 million in gifts and $6 million in jewelry will be argued by both sides, but they do not automatically rewrite the prenup's terms.
  • Equitable distribution is the fallback, not an automatic 50-50 split. If a prenup fails, Florida courts divide marital property fairly under F.S. 61.075, which requires careful classification of every asset.

If you have a prenuptial agreement and are facing divorce, or you are considering one before marriage, the lesson from the Fernandez case is that procedure matters as much as the terms. A well-drafted, properly executed agreement is routinely upheld by Florida courts. A rushed one becomes a liability.

For background on how these agreements work, see our Florida Prenuptial Agreement Guide and, for couples already married, our Florida Postnuptial Agreement Guide. To understand how courts divide complex estates, read our High-Net-Worth Divorce in Florida guide. For the broader process, our Florida Divorce Process Step-by-Step Guide and Florida Alimony After SB 1416 explain what to expect.

Frequently Asked Questions

The sections below answer common questions raised by the Fernandez prenup dispute.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Commentary on the Fernandez matter is based on publicly reported information and is not a statement about the merits of that case. Reading this article does not create an attorney-client relationship. Florida law is fact-specific, and prenuptial agreement disputes turn on individual circumstances. Consult a licensed Florida family law attorney about your situation.

Antonio G. Jimenez, Esq., Florida Bar No. 21022, Law Office of Antonio G. Jimenez.

Related Topics

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

Can a prenuptial agreement be thrown out in Florida?

Yes. Under F.S. 61.079, a Florida court can set aside a prenuptial agreement if the challenging spouse proves it was signed involuntarily (through coercion, fraud, or duress) or that it was unconscionable when signed and entered without fair financial disclosure or a valid written waiver. The spouse attacking the agreement carries the burden of proof, and properly drafted, well-disclosed agreements are routinely upheld.

Does signing a prenup on the wedding day make it invalid in Florida?

Not automatically, but it weakens the agreement. Florida courts scrutinize last-minute prenups more closely because signing hours before a ceremony can support a duress claim. To strengthen enforceability, family lawyers recommend signing at least 30 days before the wedding, with independent counsel and full financial disclosure for both parties.

What happens to property if a Florida prenup is found invalid?

If a prenup is set aside, Florida's equitable distribution rules under F.S. 61.075 apply. The court begins from a presumption that marital assets and debts should be divided fairly, which often means roughly equally. The court must first classify each asset as marital or non-marital, and appreciation of separate property caused by marital effort or funds can become marital.

Can a prenup waive alimony in Florida?

Yes, Florida allows prenuptial agreements to waive or limit alimony, and such waivers are generally enforceable. However, courts can examine whether enforcing the waiver would leave a spouse unable to meet reasonable needs. If a waiver is set aside, Florida's reformed alimony rules under SB 1416 and F.S. 61.08 (which eliminated permanent alimony and created durational alimony) would govern any support award.

How does Florida treat gifts a spouse received during the marriage?

Interspousal gifts during a marriage are generally treated as marital property in Florida under F.S. 61.075, regardless of which spouse paid for them. However, if a valid prenuptial agreement addresses how such assets are handled, the agreement's terms control. Whether specific gifts are marital or separate is a fact-specific question often disputed in high-asset divorces.

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