According to Florida case law, prenuptial agreements generally terminate upon divorce. This is because such agreements are designed to govern the rights and obligations of the parties during the marriage and in the event of its dissolution.
As a general proposition, a prenuptial agreement does not survive divorce. This is because the agreement is terminated upon divorce. Estate of Broadhurst, 737 S.W.2d 504, 507 (Mo.Ct.App.1987) (“An existing antenuptial agreement made in contemplation of the particular marriage is, after its dissolution, without any purpose or effect and necessarily is terminated.”). The agreement at issue here is not to the contrary. It states that in “the event of separation and reconciliation the parties understand that matters dealing with property division shall continue to be binding unless agreed to otherwise in writing.” We find that this language is clear and unambiguous. The common meaning of “separation and reconciliation” connotes a situation where a married couple decides to live apart for a period of time and recommences to cohabitate. It does not connote a legal termination of the marital relationship. Given the plain meaning of the language in the prenuptial agreement, the trial court erred in construing “separation and reconciliation” to mean the same as “divorce and remarriage.”
Related
- Florida Prenuptial and Postnuptial Agreement Guide (2025)
- What you need to know about alimony in Florida
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