Challenging a Post-Nuptial Agreement

December 1, 2020

Most people have heard of pre-nuptial agreements, but not everyone is as familiar with post-nuptial agreements. Whereas pre-nups are arranged prior to the marriage, post-nuptial agreements can be written after the marriage is official.

Post-nuptial agreements tend to be a type of vehicle that is commonly used when a couple might be thinking about getting a divorce but may be trying to first reconcile. No matter the cause, both parties want to continue to give each other a chance by working together, but couples often use these agreements to gain clarity, but if the terms were reached under unfair conditions, you may need to focus on protecting your financial rights in divorce through a formal legal challenge.

You can also see post-nuptial agreements commonly when partners find, after a time, that they cannot reconcile “my money” versus “their money” and it simply becomes easier to set parameters for the health of the marriage. When these financial complexities arise, many couples benefit from knowing what to look for in a Miami prenup and postnup lawyer to ensure their interests are documented correctly.

What is in a post-nuptial agreement?

Post-nuptial agreements enable the couple to resolve finances prior to getting a divorce. Important considerations like what will happen with respect to a business, alimony, and equitable distribution of assets and debts are established with the post-nuptial agreement. Important to note is that Florida law allows you to disinherit adult children, but it does not allow you to disinherit spouses unless it is included in a pre-nuptial or post-nuptial agreement.

Can you challenge a post-nuptial agreement?

Yes, there are grounds to challenge a post-nuptial agreement, but each situation varies significantly. Here are some examples when it may be possible to challenge the agreement:

• One spouse was coerced into signing the post-nuptial agreement and/or did not have enough time to review the final agreement.
• A challenge is often successful if there are invalid marital agreement issues, such as a failure to provide full and fair financial disclosure. In 2026, Florida law remains strict: concealing even a single investment account can be grounds to set aside the entire document.
• The agreement is overreaching or unconscionable.

Having something in writing that explains exactly what will happen in the event that things don’t work out with your spouse is a good step to take to protect your future. If you need help with a post-nuptial agreement, contact us today at Vasquez de Lara Law Group.