According to Florida case law, prenuptial agreements are valid and may legally include a waiver of a party’s right to alimony. Courts will uphold such waivers as long as the agreement was entered into voluntarily and with full disclosure.
See: Dienstag v. Dienstag 864 So.2d 9
Pre-nuptial agreements are valid and can constitute a legal waiver of a party’s right to alimony. See Belcher v. Belcher, 271 So.2d 7, 9 (Fla.1972). Florida courts have consistently upheld waivers of alimony provided that the waivers are stated in express terms. See Cunningham v. Cunningham, 499 So.2d 880, 882 (Fla. 1st DCA 1986). The wife need not have full knowledge of the husband’s worth prior to signing the document. See § 732.702(2) Fla. Stat. (2003); Estate of Roberts v. Roberts, 388 So.2d 216, 217 (Fla.1980). Even so, the former wife in this case was informed as to the husband’s financial status because the agreement states the husband’s assets and liabilities. The parties also lived together for at least two years prior to their marriage.
Related
- Florida Prenuptial and Postnuptial Agreement Guide (2025)
- What you need to know about alimony in Florida
- Marital Assets FAQ
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